BRYAN, Texas (AP) — A Texas appeals court has rejected a prosecution challenge to the wording of jury instructions in the trial of a second inmate charged in the 2007 death of a guard during an escape attempt.
The Eagle (http://bit.ly/VCvbMn ) newspaper reports closing arguments are expected Monday in the Bryan capital murder trial of John Falk Jr.
Prosecutors who seek the death penalty had their appeal rejected Wednesday by the 10th Court of Appeals.
Officer Susan Canfield died after being thrown from a horse hit by a truck stolen at the Wynne Unit. Inmate Jerry Martin, who was driving, received the death penalty. Falk, who was nearby, is charged with being equally liable for Canfield's death.
Martin was serving 50 years for attempted capital murder. Falk was serving a life term for murder.
Information from: The Eagle, http://www.theeagle.com