Ross v. State

OPINION

BENAVIDES, Judge.

Appellant was convicted on August 24, 1983 of capital murder for intentionally killing Ronald Ted Martin while in the course of committing a robbery. See, V.T.C.A., Penal Code, § 19.03(a)(2). After the jury answered affirmatively to both special issues submitted under Article 37.071, V.AC.C.P. the trial court imposed the penalty of death.

Appellant presents eleven points of error for our review. Because we will set aside the conviction for failure of the trial judge to *872correctly charge the jury, we will review only three points of error.

Appellant’s points of error are…