Martinez v. State

KRUEGER, Judge.

The conviction is for murder. The punishment is assessed at confinement in the State penitentiary for a term of four years.

It was charged in the indictment that on or about the 2nd day of October, 1938, and anterior to the presentment of the indictment, Jacinto Martinez, in the County of Cameron and State of Texas, did unlawfully, voluntarily and with malice aforethought, kill Julio Abrego by hitting him with a rock, etc.

The court instructed the jury on the law of murder with and *144without malice, and on self-defense. To this charge appellant in due time addressed two objections.…