Pena v. State

BEAUCHAMP, Judge.

Appellant was given a penalty of five years for murder without malice and brings this appeal.

On the former trial appellant was given a penalty of three years in the penitentiary and upon appeal the judgment was reversed on account of an error in the court’s charge. The case is reported in 151 S. W. (2d) 598.

The indictment in the case alleges the murder by appellant, who was a Mexican, of another Mexican named Hernandez. The facts of the case disclose that the deceased was named Lopez, but it is also in evidence that he was commonly known by two names, one being that alleged…