Bird v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for the offense of capital murder. The punishment assessed is death.

The sufficiency of the evidence is not challenged. It is not necessary to detail all facts. Jo Ellen Trammell, wife of the deceased, Vic Trammell, a gun collector, testified that on the evening of January 11, 1974, the appellant Bird and his companion, Korges, appeared at the Trammell house and said they had guns to sell. Trammell said he did not desire to purchase any guns but would look at the same. At this point, Bird pulled a pistol with a silencer…