Berry v. State

OPINION

BELCHER, Judge.

The conviction is for murder without malice; the punishment, five years.

The first ground of error asserts that the trial court erred in refusing the motion of the appellant to suppress the testimony of John Cary Brown (age seven) based upon his deposition for the reason that the deposition reveals that he was not sufficiently intelligent to understand and relate the transactions about which he was examined.

The fourth ground urged is that:

“The Trial Court erred in admitting the testimony of seven year old John Cary Brown after proper objection by the defendant, as it is…