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SILBA v. STATE

No. 27179.

275 S.W.2d 108 (1954)

Dan SILBA alias Dan Silva, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 24, 1954.

Attorney(s) appearing for the Case

Ray Stevens, Austin, for appellant.

Bob Long, Dist. Atty., Sam Kimberlin, Jr., Asst. Dist. Atty., Austin, Wesley Dice, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is murder; the punishment, life.

Five young men left a bar and encountered a sixth. The sixth was stabbed in the heart and died. Two of the five testified for the State. The court charged that Trevino was an accomplice witness as a matter of law but refused to submit to the jury the question of whether the other, one Guzman, was an accomplice.

The appellant did not testify or...

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