Carter v. State

OPINION

ONION, Presiding Judge.

This appeal is taken from a conviction for capital murder. Y.T.C.A., Penal Code, § 19.03(a)(2). The death penalty, V.T.C.A., Penal Code, § 12.31(a), was assessed by the court after the jury returned affirmative findings to the three special issues submitted pursuant to Article 37.071, V.A.C. C.P.

Appellant raises seven grounds of error, two of which allege there was insufficient evidence to support the “Yes” answers to special issues one and two under Article 37.071, supra. A recitation of the facts is rendered necessary.

The indictment, in pertinent part, alleged…