PHELPS v. STATE

No. 59425.

594 S.W.2d 434 (1980)

Sammy PHELPS, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

February 27, 1980.


Attorney(s) appearing for the Case

Craig A. Washington, Larry Sauer, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough, Jack Bodiford and Ed Dodd, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ROBERTS, PHILLIPS and DALLY, JJ.


OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for capital murder. The jury supplied a negative answer to the second punishment issue, and appellant was sentenced to life imprisonment.

In his first ground of error, appellant challenges the sufficiency of the evidence. The record reflects that the deceased and his wife were awakened at approximately three o'clock in the morning by an intruder in their bedroom. They saw a man crouching...

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