Autry v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for capital murder. After finding appellant guilty, the jury answered “yes” to the first two special issues under Art. 37.071(b), V.A. C.C.P. Punishment was assessed at death.

In his second ground of error, appellant challenges the sufficiency of the evidence to support his conviction. The court charged the jury on the law of circumstantial evidence. The indictment in the instant cause alleges in pertinent part that on or about April 20, 1980, appellant:

“did then and there while in the course of committing and attempting to commit…