Foster v. State

OPINION

WHITE, Judge.

Appellant was convicted of capital murder. See Y.T.C.A., Penal Code Sec. 19.-03(a)(2). After the jury made an affirmative finding on both of the two special issues submitted under Art. 37.071(b)(1) and (2), Y.A.C.C.P., the trial court imposed the penalty of death. This case is before us on direct appeal.

Appellant presents us with twenty points of error. A review of the facts is necessary.

Deputy H.L. Rice of the Tarrant County Sheriff’s Office began his shift on April 4, 1984 at 11:00 p.m. Rice was assigned to patrol the northwest corner of Tarrant County until his shift…