King v. State

OPINION

CLINTON, Judge.

This appeal follows conviction for the offense of capital murder pursuant to V.T. C.A. Penal Code, § 19.03(a)(2).1 The jury returned an affirmative finding to each of the special issues submitted under Article 37.071(b), V.A.C.C.P., and appellant’s punishment was accordingly assessed at death. Article 37.071(e), supra.

The sufficiency of the evidence is not challenged.

*426Appellant’s initial complaint is to the trial court’s failure to quash the indictment returned against him which, omitting the formal portions, alleged:

[Appellant] . . .did then and there unlawfully while in…