Gamez v. State

CHRISTIAN, Judge. —

The offense is murder; the punishment, confinement in the penitentiary for forty years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Nieves Rangel by shooting him with a pistol.

The homicide occurred at a dance in the town of Selma. Deceased was present for the purpose of aiding in keeping order. , According to the version of the State, Roberto Gamez, a brother of appellant, engaged in a quarrel with others, and deceased, in an effort to prevent a fight, grasped him by the shoulder. At this juncture appellant shot deceased…