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CAIN v. STATE

No. 52217.

549 S.W.2d 707 (1977)

Darrell L. CAIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 27, 1977.

Attorney(s) appearing for the Case

Phil Burleson and Michael P. Gibson, Dallas, for appellant.

Henry Wade, Dist. Atty, W. T. Westmoreland, Jr., Doug Mulder and Jon Sparling, Asst. Dist. Attys., Dallas, Robert O. Smith, Dist. Atty. and Herman C. Gotcher, Asst. Dist. Atty., Austin, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the 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...

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