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PENA v. STATE

No. 41374.

430 S.W.2d 199 (1968)

Ernest PENA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 10, 1968.

Attorney(s) appearing for the Case

Tony Bonilla, Corpus Christi, for appellant.

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

OPINION

WOODLEY, Presiding Judge.

The offense is murder with malice; the punishment, 75 years.

The indictment alleged the murder with malice of Elijio S. Luna on or about July 4, 1966.

The court's charge authorized the jury to convict upon a finding beyond a reasonable doubt that appellant, intending to kill Federico Carrijo with malice aforethought and without justification or excuse, by mistake shot and killed Elijio S. Luna. (Art. 42 Vernon...

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