Cain v. State

226 S.W.2d 640 (1950)

CAIN

v.

STATE.

No. 24599.

Court of Criminal Appeals of Texas.

January 18, 1950.

Rehearing Denied February 22, 1950.

Polk Shelton, Austin, for appellant.

R. J. (Bob) Long, District Attorney, Austin, Thomas D. Blackwell, Asst. Dist. Atty., Austin, George P. Blackburn, State's Atty., Austin, for the State.

WOODLEY, Judge.

Appellant was convicted of the offense of murder with malice, and his punishment was assessed at eighteen years in the penitentiary, for the killing of Daniel J. McMillan.

The facts from the standpoint of the state and quoted from the state's brief are these:

"The…