MENDIOLA v. STATE

No. 26456.

259 S.W.2d 192 (1953)

MENDIOLA v. STATE.

Court of Criminal Appeals of Texas.

June 17, 1953.


Attorney(s) appearing for the Case

Ruben R. Lozano, San Antonio, for appellant.

Wesley Dice, State's Atty., of Austin, for the State.


WOODLEY, Judge.

The conviction is for murder; the punishment 50 years in the penitentiary.

The sole question is as to the sufficiency of the evidence to sustain the conviction for murder with malice.

Appellant admittedly fired three shots at close range with a 32-20 caliber pistol aimed at Manuel Pena, the deceased, while Pena was seated in a car. One shot passed through deceased's chest entering under the armpit.

The jury rejected appellant...

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