Kennedy v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for murder without malice under the provisions of Article 802c, Vernon’s Ann.P.C. The punishment is imprisonment for five years. The appellant complains that the court erroneously admitted in evidence prior acts of his intoxication and that comments made by the prosecutor in his jury argument constitute reversible error.

In his first ground the appellant argues it was error to permit the state to cross-examine the appellant on collateral acts of intoxication. While he was being cross-examined the appellant testified that he had had…