Horne v. State

OPINION

CLINTON, Judge.

This is an appeal from conviction for capital murder and, the jury having answered the issues affirmatively, the death penalty.

I

The essence of the State’s evidence comes from two witnesses.

On November 21, 1977, Linda Tomlinson was working at a pharmacy when at about 11:30 a. m. Horne and another man, later identified as Allen Cummings, entered and asked to look at some turquoise jewelry. Horne took a bracelet, put it in his pocket *557and pulled out a gun. Cummings grabbed Tomlinson and told her to stand still and “nobody would get hurt.” Horne then walked around the counter…