Holloway v. State

OPINION

CLINTON, Judge.

This automatic appeal 1 results from a conviction for the offense of capital murder pursuant to V.T.C.A. Penal Code, § 19.-03(a)(1). 2 Upon the jury’s return of affirm ative answers to two special issues submitted, Article 37.071(b), V.A.C.C.P., appellant’s punishment was assessed at death. Article 37.071(e), supra.

Briefly, the evidence adduced at the guilt-innocence stage of trial reflected that in the early morning hours of November 22; 1977, appellant successively robbed two different convenience store clerks at gun point, at approximately 12:20 a. m. and 1:15 a. m.…