Garza v. State

WOODLEY, Presiding Judge.

The offense is murder; the punishment, 7 years.

The sufficiency of the evidence is not challenged. It shows that on June 3, 1961, the appellant, then 16 years of age, while riding around in an automobile with Gilbert Cuellar and two other friends, came upon Antonio Rodriguez, the deceased, his brother Jesse Rodriguez and one Johnny or Tony Palacios.

After a brief exchange of words and after some rocks were thrown at the car, the appellant and Cuellar left the scene and took their friends home.

The appellant then borrowed a .22 caliber rifle and with Cuellar returned to…