King v. State

OPINION

CLINTON, Judge.

This cause is before us for automatic review of appellant’s conviction for the offense of capital murder proscribed by V.T. C.A. Penal Code, § 19.03(a)(2), 1 as well as his sentence of death 2 assessed by the trial court pursuant to Article 37.071(e), V.A.C. C.P.

On April 10, 1978, two Baytown young persons drove into the Houston Montrose area where they stopped at two different nightclubs. Leaving the second club at 11:30 p. m., Michael Clayton Underwood and his female companion, K_ B_, 3 were accosted by appellant and Allen Carter who had driven up in a maroon pickup…