GONZALES v. STATE

No. 42300.

449 S.W.2d 49 (1969)

Matthew A. GONZALES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 28, 1970.


Attorney(s) appearing for the Case

Marvin O. Teague, Houston, (On Appeal Only), Jon Hughes, Houston, (On Appeal Only), for appellant.

Carol S. Vance, Dist. Atty., William W. Burge and Jimmy James, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

BELCHER, Judge.

The conviction is for murder; the punishment, twenty-one years.

The first ground urged as error is that the evidence is insufficient to show malice aforethought.

The testimony of the state reveals that Tommy Velasquez, the deceased, age seventeen, attended a party given at his mother's home celebrating his entry into the Job Corps. The appellant, with other boys, came to the party uninvited. Appellant had been drinking...

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