JOSEPH v. STATE

No. 42000.

442 S.W.2d 397 (1969)

Hershel G. JOSEPH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 9, 1969.


Attorney(s) appearing for the Case

Howard O. Lake, Houston (by court appointment), for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and I. D. McMaster, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

The offense is murder; the punishment, death.

The record reflects that appellant killed the three-month-old boy of the woman with whom he was living. He beat the baby with his fists, threw him on the floor, stomped him with his feet, burned a lower part of his body with a lighted cigarette and committed other almost unbelievable acts of violence against the child.

Reversal is sought under the decision of Witherspoon...

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