Robinson v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for capital murder. Punishment was assessed at death.

The record reflects that appellant, Ernest Smith,1 and George Holden met in the Pussycat Lounge in Dallas on September 27, 1973. Holden agreed to drive Smith and appellant to an undisclosed place to gamble. Holden loaned appellant a .22 caliber pistol that someone had pawned to Holden and which Holden kept at the bar.

Under Smith’s directions, Holden drove the two men in an automobile he borrowed from his brother’s girl friend to a place near Dolphin Road and Alpine Street and was…