De La Garza v. State

CHRISTIAN, Judge.

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

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

Appellant and deceased, who were neighbors, met near the home of deceased. According to the version of the State, a quarrel ensued and appellant ran into his house and secured a pistol. When he returned he immediately shot deceased to death. Deceased was unarmed and was making no demonstration toward appellant at the time he was shot.

Testifying in his…