BERRY v. STATE

No. 42126.

442 S.W.2d 713 (1969)

Austin Arren BERRY, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 16, 1969.


Attorney(s) appearing for the Case

Pike Powers (Court appointed), Ramie Griffin (Court appointed), Beaumont, for appellant.

W. C. Lindsey, Dist. Atty., John R. DeWitt, Asst. Dist. Atty., Beaumont, and Jim D. Vollers, State's Atty., Austin, for the 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...

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