Barber v. State

OPINION

ONION, Presiding Judge.

Appellant was convicted of capital murder under V.T.C.A., Penal Code, § 19.03. After the jury found appellant guilty and affirmatively answered the three special issues submitted pursuant to Article 37.-071, V.A.C.C.P., the court assessed punishment at death. V.T.C.A., Penal Code, § 12.31.

Appellant does not challenge the sufficiency of the evidence to sustain the finding of guilt or the affirmative answers to the special issues. The evidence clearly shows that appellant killed Janie Ingram during the course of a burglary of a habitation.

Appellant raises nine…