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BARROW v. STATE

No. 69042.

688 S.W.2d 860 (1985)

Lee Roy BARROW, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied May 1, 1985.

Attorney(s) appearing for the Case

David L. Botsford, court appointed on appeal only, Austin, for appellant.

Ronald Earle, Dist. Atty., and Philip A. Nelson, Jr., Asst., Dist. Atty., Austin, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

W.C. DAVIS, Judge.

Appellant was convicted of capital murder. Upon the jury's affirmative findings to the punishment issues, see Art. 37.071(b), V.A.C.C.P., the court assessed punishment at death.

Appellant contends that insufficient evidence was adduced to show that the victim was killed in the course of a robbery or burglary as alleged in the indictment. He bases his contention upon the failure...

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