Posos v. State

MORROW, Presiding Judge.

The offense is murder; punishment fixed at confinement in the penitentiary for a period of five years.

The State’s theory, as developed from the evidence, is this: Benigno Munoz entered the store of Julian Solis. ' Gregorio Reyes was present on the outside of the store. Appellant entered, and after making a small purchase, said to Munoz: “Excuse me, I want to talk to you.” The two left the store together. A few minutes later, Solis heard a pistol fire. Upon running to the door, he saw Munoz and the appellant scuffling. The witness spoke to them and they separated, going…