Pinkerton v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for capital murder. V.T.C.A. Penal Code, Sec. 19.03(a)(2). Trial was in Nueces County following change of venue from Randall County. After finding appellant guilty of capital murder, the jury returned affirmative findings to the two special issues under Art. 37.071(b), V.A.C.C.P. Punishment was assessed at death.

Appellant was convicted of murdering Sarah Donn Lawrence, a married female, on the night of October 26, 1979, in the course of committing robbery or burglary with intent to rape.

In his first two grounds of error appellant…