Banda v. State

OPINION

CLINTON, Judge.

Appellant, Esequel “Kelly” Banda, was convicted of capital murder pursuant to V.T.C.A. Penal Code § 19.03(a)(2). After the jury answered the two special issues submitted in the affirmative, the trial court assessed his punishment at death. Although appellant does not challenge sufficiency of the evidence to sustain his conviction, a brief recitation of the facts in the light most favorable to the verdict is useful.

On August 3,1986, Merle Laird, a seventy four year old widow, was found dead in her home in Hamilton. The evidence clearly revealed that the woman had been…