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MACAL v. STATE

No. 27058.

273 S.W.2d 625 (1954)

Jose MACAL, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 3, 1954.

Attorney(s) appearing for the Case

Magus F. Smith, McAllen, A. J. Vale, Rio Grande City, for appellant.

R. A. Vidaurri, Jr., Asst. Crim. Dist. Atty., Edinburg, Wesley Dice, State's Atty., Austin, for the State.

WOODLEY, Judge.

Appellant was indicated in Starr County, Texas, for the murder of Rumaldo Garza. Venue was changed to Hidalgo County and upon trial he was found guilty and assessed a term of 28 years in the penitentiary.

It was the contention of the state that the fatal shot struck the deceased in the back; whereas appellant, claiming self-defense, testified that he did not shoot Garza in the back, but that Garza was "over me"—was coming at or toward...

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