McGilvery v. State

OPINION

ODOM, Judge.

This prosecution arose out of the rape, murder, and robbery of a seventy-nine year old woman who lived alone in her Dallas home. Appellant was convicted of murder and a jury assessed his punishment at confinement for life.

Three grounds of error are urged. They are: (1) Appellant’s post-arrest in custody statements should not have been admitted; (2) the evidence was insufficient to support the verdict; and (3) the court erred in failing to charge the jury on the law of circumstantial evidence.

The offense occurred on September 19, 1973. In the afternoon of October 1,…