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ALCORTA v. TEXAS

No. 139.

355 U.S. 28 (1957)

ALCORTA v. TEXAS.

Supreme Court of United States.

Decided November 12, 1957.

Attorney(s) appearing for the Case

Fred A. Semaan and Raul Villarreal argued the cause, and Mr. Semaan filed a brief, for petitioner.

Roy R. Barrera and Hubert W. Green, Jr. argued the cause for respondent. With them on the brief was Will Wilson, Attorney General of Texas.

PER CURIAM.

Petitioner, Alvaro Alcorta, was indicted for murder in a Texas state court for stabbing his wife to death. Vernon's Tex. Pen. Code, 1948, Art. 1256. He admitted the killing but claimed it occurred in a fit of passion when he discovered his wife, whom he had already suspected of marital infidelity, kissing one Castilleja late at night in a parked car. Petitioner relied on Texas statutes which treat killing under...

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