No. 31264.

333 S.W.2d 370 (1960)

Eusebio Regalado MARTINEZ, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 23, 1960.

Attorney(s) appearing for the Case

Culver & Culver, by John R. Culver and Barbara G. Culver, Midland, for appellant.

Leonard Howell, County Atty., Joseph H. Mims, Dist. Atty., Midland, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

The offense is murder; the punishment, death.

It would serve no useful purpose to again restate the facts, as they are fully set forth in our opinion on original submission which affirmed a prior death penalty conviction for this offense. See Martinez v. State, Tex.Cr.App., 318 S.W.2d 66. They are substantially the same upon this trial, except that much more defensive evidence was adduced.



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