GARCIA v. STATE

No. 27233.

276 S.W.2d 527 (1955)

Ernest GARCIA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 23, 1955.


Attorney(s) appearing for the Case

Roy A. Scott, Corpus Christi, for appellant.

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


WOODLEY, Judge.

The conviction is for murder; the punishment, 15 years in the penitentiary.

According to the State's evidence, appellant and the deceased, Ysidro Martinez, had an argument, following which appellant went to his home, secured his 12 gauge Remington pump shotgun and fired at the deceased as he ran toward the home of Joe Martinez, his brother. He then approached this house, pushed the barrel of the shotgun through a window screen and again fired...

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