conduct of the defendant in killing the deceased was unreasonable in response to the provocation, if any, by the deceased. If all applicable special issues were answered in the affirmative, then the result would be an automatic death sentence; if any special issue was not answered in the affirmative, the sentence would be life imprisonment. The Court concluded that Texas's narrow legal definition of capital murder served the same purpose as the aggravating factors in the Georgia and Florida schemes, that being to adequately narrow the class of defendants eligible for the death penalty. The Court even observed that "the principal difference between Texas and the other two States [Georgia and Florida] is that the death penalty is an available sentencing option - even potentially - for a smaller class of murders in Texas" However, the special issues feature and its automatic death sentence imposition (if all were answered in the affirmative) was the key issue in the Court's analysis. In its review, the Texas Court of Criminal Appeals (the state's highest criminal court, to which all death sentences in Texas are automatically and directly appealed) indicated that the "continuing threat to society" special issue would allow the defendant to present mitigating evidence to the jury. The Court concluded that this special issue would allow for the same extensive consideration of mitigating evidence as the Georgia and Florida schemes. Thus, Texas's death penalty scheme, though considerably different from Florida's and Georgia's also complied with the Furman requirements and was thus also approved by the Court. The defendant in this case, Jerry Jurek (TDCJ #508), would ultimately see his sentence commuted to life in prison. Texas would later amend its three questions, keeping the "continuing threat to society" question, adding a second question specifically dealing with mitigating evidence, and adding a third question applicable only if the defendant was convicted as an accessory. Capital punishment schemes rejected by the Court North Carolina In 1974, the North Carolina General Assembly (similar to the approach taken by the Texas Legislature) chose to adopt a narrow definition of "first-degree murder" which would be eligible for the death penalty, which was defined as: murder perpetrated by means of poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, kidnapping, burglary, or