Wallace v. State

618 S.W.2d 67 (1981)

David Leon WALLACE, Appellant,

v.

The STATE of Texas, Appellee.

No. 65325.

Court of Criminal Appeals of Texas, En Banc.

July 1, 1981.

Michael R. Gibson, El Paso, for appellant.

Steve W. Simmons, Dist. Atty. & R. Bradford Stiles, Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

ODOM, Judge.

This is an appeal from a conviction for capital murder. The jury answered the punishment stage questions under Art. 37.071, V.A.C.C.P., affirmatively, and punishment was assessed at death.

In one of his grounds of error appellant…