Payne v. State

OPINION

ROBERTS, Judge.

The conviction was for murder with malice; the punishment was assessed by the jury at life imprisonment.

Although the sufficiency of the evidence is not challenged, the record reflects that on March 22, 1972, the South Park National Bank in Houston was robbed by several persons, including appellant. During flight from the robbery, appellant shot James Garbs, an employee of the bank, and a Houston police officer. As a result of the gunshot wound, Garbs died. It is from his death that appellant was tried and convicted of murder with malice.

In his first ground of error,…