MORTER v. STATE

No. 52712.

551 S.W.2d 715 (1977)

Donald MORTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 22, 1977.


Attorney(s) appearing for the Case

Jim Martin, Emmett Colvin—on appeal only—Dallas, for appellant.

James O. Mullin, County Atty. and Fred M. Barker, Asst. County Atty., Weatherford, Jim D. Vollers, State's Atty. and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

This is an appeal from a conviction for injury to a child. The court assessed punishment at three years' confinement in the Texas Department of Corrections.

The record reflects that on May 3, 1975, the appellant went to the trailer house where he lived with a woman and her three children. As he approached the door, one of the children, Mark, was in the kitchen alone cooking or toasting some bread. Mark was six years old. Appellant...

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