Escamilla v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction of murder without malice. The jury assessed punishment at four years confinement.

A summary of the State’s evidence shows that appellant shot and killed the deceased with a gun. The shooting occurred in a “lounge, bar.” Numerous eye witnesses testified to these facts.

Appellant, in effect, urges three grounds of error.

The first, that the State failed and refused to place positive evidence on the stand, although it was available, but instead relied on evidence “substitutory in nature.”

The State made known to appellant that one Joe Mathis…