White v. State

OPINION

KEITH, Commissioner.

The appeal is from a conviction of capital murder wherein the jury answered affirmatively the first and second issues, with the punishment being fixed at death.

The indictment alleged that appellant caused the death of Elizabeth St. John, a seventy-two year old woman, “by choking her with his hands and stabbing her with a screwdriver,” while in the course of committing and attempting to commit robbery. V.T.C.A., Penal Code, § 19.03(a)(2). A second count was contained in the indictment alleging murder in violation of V.T. C.A., Penal Code, § 19.02(a)(1).

Appellant does…