Gallegos v. State

OPINION

BUTTS, Justice.

This is an appeal from a conviction for murder. TEX. PENAL CODE ANN. § 19.-02(a)(3) (Vernon 1974). Appellant was charged with capital murder, TEX. PENAL CODE ANN. § 19.03(a)(2) (Vernon 1974), and found guilty of the included offense of murder. The jury assessed punishment at sixty years’ imprisonment.

The evidence shows that on Friday, July 27, 1984, between 10:30 and 11:00 p.m., appellant and his companions, Thomas, Roger and Gilbert, stopped at a restaurant near downtown San Antonio for some takeout food. Roger and Gilbert went inside to buy food while appellant and…