VASQUEZ v. STATE

No. 35443.

371 S.W.2d 389 (1963)

Esteban VASQUEZ, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 15, 1963.

Second Motion for Rehearing Denied June 12, 1963.

Third Motion for Rehearing Denied October 16, 1963.


Attorney(s) appearing for the Case

Aycock & Steinle, Jourdanton, for appellant.

J. Taylor Brite, Dist. Atty., Robert C. Koehl, County Atty., Jourdanton, and Leon B. Douglas, State's Atty., Austin, for the State.


McDONALD, Judge.

The offense is murder with malice; the punishment, confinement in the penitentiary for twenty years.

It is undisputed that on April 15, 1961, the appellant stabbed the deceased, Roger Alvarado, with a knife, and that Alvarado died as a result of those wounds.

The homicide was the termination of a series of minor fights and "fracases" between appellant and the deceased. Both parties were only sixteen years of age at the time of the...

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