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GONZALEZ v. STATE

No. 38480.

397 S.W.2d 440 (1965)

Benito Gonzalez GONZALEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 19, 1966.

Attorney(s) appearing for the Case

Roger Butler, Robstown, Luther E. Jones, Jr., Corpus Christi, for appellant.

R. L. Lattimore, Dist. Atty., Edinburg, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The offense is murder; the punishment, 50 years.

The indictment alleged that appellant did voluntarily and with malice aforethought kill Matias Lara by shooting him with a gun.

The sufficiency of the evidence is not challenged. It shows that appellant and one Canales entered a tavern about 10 P.M. and ordered some food. The decedent Lara also entered the tavern and ordered a beer. Lara complained that Canales was bothering him at his...

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