Did the trial courts jury instructions violate the appellants constitutional rights?
In his first point of error, the appellant contends that the trial court’s instructions on the second special issue (4) at the punishment phase of his trial violated the Fifth, Eighth, and Fourteenth Amendments of the United States Constitution. (5) The jury instructions regarding the second special issue, in pertinent part, were as follows: In deliberating on your answer to Special Issue No. 2, you are instructed that you may not answer Special Issue No. 2 “No” unless the jury agrees unanimously, and you may not answer Special Issue No. 2 “Yes” unless 10 or more members of the jury agree. The members of the jury need not agree on what particular evidence supports an affirmative answer to Special Issue No. 2. In arriving at your answer, you shall consider mitigating evidence to be evidence that a juror might regard as reducing the defendant’s moral blameworthiness. You are further instructed that if the jury returns an affirmative finding on Special Issue No. 1 and a negative finding o
