Russell v. State

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for capital murder. The jury answered affirmatively the special issues submitted under Article 37.071, Vernon’s Ann.C.C.P. Accordingly, the punishment was assessed at death.

In view of the various grounds of error raised by appellant, a detailed recitation of the evidence is necessary. The record reflects that appellant kidnapped, sexually abused and murdered the complaining witness against him in a pending robbery case.

Diana Stearns, wife of the deceased, Thomas Stearns, testified that on March 19, 1974, her husband left for work…