Rumbaugh v. State

*749OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for capital murder. Punishment was assessed at death.1

The State’s first witness, Gerald Bishop, testified that on the morning of April 4, 1975, when he went to the deceased’s jewelry store, he found the door to the shop open and the body of Michael Fiorillo on the floor. Later that morning, Lieutenant Gerald Jacobs and his partners, Detective Gainer and Lieutenant Garner, went to an Amarillo address a block and a half from the jewelry store with a warrant for appellant’s arrest.2 As the officers approached the residence, they saw…