GARCIA v. STATE

No. 24611.

227 S.W.2d 569 (1950)

GARCIA v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied March 22, 1950.


Attorney(s) appearing for the Case

Piranio & Piranio, Dallas, Angelo Piranio, Dallas, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.


Commissioner's Decision

DAVIDSON, Judge.

The offense is assault with intent to murder; the punishment, seven years in the penitentiary.

That appellant shot the injured party three times with a pistol is not disputed. According to the State's testimony, the shooting was without justification or excuse; according to appellant's testimony, he shot in self-defense.

The defensive theory, which the jury rejected, was pertinently submitted by the...

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