McCuin v. State

OPINION

QUENTIN KEITH, Commissioner.

The conviction is for murder with malice; punishment was assessed at 25 years’ confinement. Appellant’s brother, Willie Earl McCuin, was charged with the same offense, and the two were tried jointly. The companion case, also decided this day, may be found at 505 S.W.2d 831 (delivered March 6, 1974).

According to the State’s evidence, the deceased, Robert Lacey was in a public park in Fort Worth on a Sunday afternoon where he had been horseback riding. Appellant and his brother, Willie Earl, came to the park in separate cars; each jumped out and ran toward…