Lindsey v. State

OPINION

MORRISON, Judge.

The offense is murder; the punishment, twenty-five (25) years.

Trial was before the court without the intervention of a jury.

Appellant raises two grounds of error, both of which go to the sufficiency of the evidence.

Appellant contends that the State failed to establish malice and intent to kill, and failed to identify appellant as the party responsible for the fatal injuries.

Shortly before 6:00 p. m. on May 6, 1970, appellant took his three-year-old illegitimate son, Kenneth S. Wagner, to Parkland Hospital in Dallas. The boy was pronounced dead on arrival. Officer…