Muniz v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for the capital murder of a 19 year old Southwestern University co-ed in the course of an aggravated rape. V.T.C.A., Penal Code Sec. 19.03(a)(2). The jury returned affirmative findings on each question submitted under Article 37.071(b), V.A.C.C.P., and accordingly the punishment was assessed at death.

The finding of guilt is not attacked, but appellant complains errors were committed in the punishment phase of the trial and in the composition of the grand jury.

In order for the death penalty to be assessed, the State must conform to the…