Herman Robert Charles Clark v. State Texas

The jury found Herman Robert Charles Clark, Jr., hereinafter sometimes referred to as Clark or the appellant, guilty of committing the offense of murder while in the course of committing the offense of burglary of a habitation owned by Joseph Edward Mc Clain. This constitutes the offense of capital murder. See V.T.C.A., Penal Code, Section 19.03. The jury answered each of the three special issues, see Art. 37.071, V.A.C.C.P, in the affirmative and the trial judge assessed the penalty of death. We affirm.