Robertson v. State

In Robertson v. State, 871 S.W.2d 701 (Tex. Crim. App. 1993), the victim lived with her grandson who was a friend of the defendant. 871 S.W.2d at 704. The defendant killed the victim's grandson while outside of the victim's house. The defendant later told one police officer that he then went into the house to steal the grandson's drugs. In oral confessions, he also told police he searched the house for valuables, drugs and the title to the victim's car. In his written confession, the defendant stated that after shooting the grandson, he ran into the house, through the grandson's bedroom, into the grandson's bathroom where he splashed cold water on his face, and walked into the den where the victim was watching television, and shot her. Id. He then went into the victim's bedroom and looked through her jewelry, taking a watch. He returned to the grandson's room and took some drugs. Id. Finally, he drove off in the victim's car. The defendant challenged the sufficiency of the evidence to prove that he formed the intent to rob the victim during or prior to her murder. Noting that "intent may be inferred from the actions or conduct of appellant," we pointed out that the victim and her grandson had living quarters in separate parts of the house which could each be entered separately from the outside. Id. at 705. If the defendant had intended only to steal the grandson's drugs, he could have accomplished that objective without entering the victim's portion of the house. Thus, a rational inference could be made based on the defendant's actions that he entered the victim's portion of the house intending to look for the keys, title to the car and other valuables. Id.