GARCIA v. STATE

No. 38337.

396 S.W.2d 123 (1965)

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

Court of Criminal Appeals of Texas.

Rehearing Denied December 8, 1965.


Attorney(s) appearing for the Case

Marvin Foster, Corpus Christi, for appellant.

Sam L. Jones, Jr., Dist. Atty., W. DeWitt Alsup, Asst. Dist. Atty., Corpus Christi, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for murder; the punishment, life.

The testimony of the state reveals that the appellant arrived home about 7 P.M., and approximately fifteen minutes later, his wife, the deceased, walking with four or five of their children, arrived; that when the deceased turned into the driveway she suddenly stopped, saying, "No, Ramiro (appellant), no!", then she turned and ran. As she ran the appellant shot her with a rifle and...

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