Cain v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for murder with malice under the former Penal Code, wherein the jury assessed punishment at five (5) years’ confinement in the Department of Corrections.

The case involved the shooting of a handcuffed 12 year old boy by a Dallas city policeman. The cause was tried in Travis County following a change of venue from Dallas County.

Appellant’s grounds of error can be divided into three categories. The first category involves the exclusion of evidence, including among other things, statements by the appellant under the influence of a…