Melendez v. State

GRAVES, Judge.

Appellant was convicted of an assault to murder without malice and assessed a penalty of two years in the penitentiary, and he appeals.

The facts show a drunken row between appellant and his brother and the injured party. It is shown that these parties visited several beer joints, drinking at each place, and an old grudge between Moses Melendez, appellant’s brother, and the injured party, Adolph Guillen, seemed to furnish the cause of Moses and Guillen’s desire to fight growing more intense with the drinking of each bottle of beer. Finally, at their last encounter two deputy…