Lackey v. State

OPINION

McCORMICK, Judge.

Appellant, after being found competent to stand trial in an Article 46.02, Section 4, V.A.C.C.P., jury competency hearing, was convicted of capital murder. Punishment was assessed at death. The sufficiency of the evidence is not challenged.

Diane Kumph was abducted from her Lubbock apartment shortly before dawn on July 81,1977. Later that day, her partially nude body was discovered beside a dirt road outside of Lubbock, near appellant’s house. It appeared Kumph had been raped. She had been severely beaten. Her neck, face, arms, chest, back and legs were covered with…