Ruiz v. State

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for capital murder. The court, after the jury responded negatively to the second special issue presented under Article 37.071(b)(2), V.A.C.G.P., assessed the penalty at life imprisonment. See Article 37.071(e), V.A.C. C.P.

The evidence presented by the State in its case in chief showed clearly that the appellant, accompanied by two other individuals, entered the Crescent Food Market in Houston on June 22, 1974, at approximately 5 p. m., armed with handguns. One of the employees working in the rear area of the store testified that the…