Mitchell v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for capital murder. V.T.C.A., Penal Code, § 19.03. After the jury affirmatively answered the special issues submitted pursuant to Article 37.071(b)(1) and (b)(2), V.A.C. C.P., the court assessed punishment at death. V.T.C.A., Penal Code, § 12.31.

At the outset the appellant contends that the evidence is insufficient to corroborate the two accomplice witnesses, his son, Anthony DeWayne Mitchell, and Edward Earl Owens, as required by Article 38.14, V.A.C. C.P., and thus the conviction cannot stand.

Omitting the formal parts, the…