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GONZALEZ v. STATE

Nos. 43717, 43718.

468 S.W.2d 85 (1971)

Gonzalo GONZALEZ, Appellant, v. The STATE of Texas, Appellee. Raymond GONZALEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearings Denied June 23, 1971.

Attorney(s) appearing for the Case

Robert B. Billings, F. T. Gauen, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., W. T. Westmoreland, Jr. and Edgar A. Mason, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

The appeals are from convictions for murder without malice after a joint trial. The punishment of each appellant was assessed by the jury at five years.

The evidence viewed in the light most favorable to the verdicts shows that on the 26th day of October, 1968, Felix Gomez, the deceased, and David Gomez were working on a car in the backyard at Felix's home in Dallas. In the afternoon Oscar Flores who had just been discharged...

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