Martinez v. State

OPINION

JACKSON, Commissioner.

The offense is assault with intent to murder with malice; the punishment by the jury, seventeen (17) years.

The record discloses that on December 20, 1971, the appellant, Berna Cano Martinez, shot one Carolina Lozano. As a result of this shooting, Lozano was partially and permanently paralyzed from the waist down, necessitating confinement to a wheelchair. Other testimony indicated that the victim was a former girlfriend of the appellant.

Both of appellant’s grounds of error on this appeal relate to the trial court’s failure to grant appellant’s motion for new trial…