Fields v. State

OPINION

ONION, Presiding Judge.

The conviction is for murder with malice aforethought; the punishment, life.

The evidence reflects that appellant brutally beat two and a half-year old Rodney Franklin with a belt and an electrical extension cord. This beating resulted in death. The deceased’s mother, Maggie Galloway, 1 and four-year old brother, Tony Franklin, both testified to observing appellant beating the child. The sufficiency of the evidence is not challenged.

In his first ground of error appellant contends that the trial court erred in allowing the four-year old Tony Franklin to testify.…