Gertrude Virts v. State Texas

Gertrude Virts, hereinafter appellant, was found guilty by the jury of capital murder, "We, the jury, find the Defendant, Gertrude Virtus, guilty of the offense of Capital Murder, under the facts alleged in paragraphs 9 and 10 [of the trial courts charge to the jury]." Because of their importance to our decision to reverse the judgment of the court of appeals, we will attach to our opinion as "Appendix A" paragraphs 9 and 10, as well as paragraph 11, of the charge. Because the jury did not answer all of the special issues in the affirmative, the trial judge assessed appellants punishment at life imprisonment. See Art. 37.071, V.A.C.C.P.