CAIN v. STATE

No. 24599.

226 S.W.2d 640 (1950)

CAIN v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied February 22, 1950.


Attorney(s) appearing for the Case

Polk Shelton, Austin, for appellant.

R. J. (Bob) Long, District Attorney, Austin, Thomas D. Blackwell, Asst. Dist. Atty., Austin, George P. Blackburn, State's Atty., Austin, for the State.


WOODLEY, Judge.

Appellant was convicted of the offense of murder with malice, and his punishment was assessed at eighteen years in the penitentiary, for the killing of Daniel J. McMillan.

The facts from the standpoint of the state and quoted from the state's brief are these:

"The appellant was the third husband of Roberta Heath. She had previously been twice married to Dan McMillen, her first husband, the deceased, once married to W. O. Thompson, and...

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