Phelps v. State

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for capital murder. The jury supplied a negative answer to the second punishment issue, and appellant was sentenced to life imprisonment.

In his first ground of error, appellant challenges the sufficiency of the evidence. The record reflects that the deceased and-his wife were awakened at approximately three o’clock in the morning by an intruder in their bedroom. They saw a man crouching at the foot of their bed and started screaming. The intruder came at them with a knife, and the deceased struggled with the intruder. During the…