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CRUZ v. STATE

No. 44898.

482 S.W.2d 264 (1972)

Elias B. CRUZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 26, 1972.

Attorney(s) appearing for the Case

Garland G. Wier, San Antonio, for appellant.

Ted Butler, Dist. Atty. and Antonio G. Cantu, Asst. Dist. Atty., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a jury conviction of murder with malice. The court assessed the punishment at fifteen years.

The sufficiency of the evidence is challenged.

Rodolfo Donias and Onesimo Guerra, the deceased, were walking down San Fernando Street in San Antonio sometime after midnight on August 16, 1969. They walked in front of a small brown house with a 1959 Chevrolet parked near it. Three persons at the house...

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