Palafox v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for capital murder; more specifically, appellant was charged with murder in the course of a robbery pursuant to the provisions of V.T. C.A., Penal Code, Section 19.03(a)(2).1 Punishment was assessed at death. See Art. 37.071, V.A.C.C.P.

Appellant’s third ground of error is that the evidence is insufficient to support the jury verdict finding appellant guilty of capital murder. We uphold this contention and reverse.

As noted above, appellant was alleged to have committed the offense in the course of *179committing and attempting to commit…