Fierro v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for capital murder. V.T.C.A., Penal Code, § 19.03. After the jury affirmatively answered the two special issues submitted pursuant to Article 37.071, V.A.C.C.P., the court assessed punishment at death. V.T. C.A., Penal Code, § 12.31.

Initially appellant contends “the evidence was insufficient to sustain a conviction for capital murder because the evidence failed to establish beyond a reasonable doubt that appellant committed murder in the course of committing the offense of aggravated robbery.”

On February 27, 1979, the body of…