Hughes v. State

*859OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of capital murder wherein the punishment was assessed at death. See V.T.C.A., Penal Code, Section 19.03, and Article 37.071, V.A.C.C.P.

During the early morning hours of September 23, 1974, appellant drove into a service station in Mesquite, a suburb of Dallas, in a truck which he had previously stolen. The station was closed for the night and, when appellant saw a Buick automobile parked inside, he broke the glass out of a window and climbed through it into the station. The keys were in the ignition of the automobile.…