Sharp v. State

DAVIDSON, Presiding Judge.

Appellant was given the death penalty under a charge of murder for the killing of John Cain, a police officer of the City of Houston.

The State’s case may be, substantially, stated as follows: Cain was a policeman, on duty in his allotted beat on the night of the. homicide. About 3:30 or a few minutes later, in the early morning, a policeman was heard to exclaim: “Stop, I am an officer,” and almost immediately a shot was fired. One or two policemen hearing the exclamation and shot went to the scene, and found deceased, one of them testified, “shot through and…