Rameriz v. State

Appellant appeals from a judgment of conviction of murder in the second degree. He presents two-assignments of error.

*273“The first is that the court committed prejudicial error hy reading as part of the charge to the jury paragraph 1046 of the Penal Code; and the second is that the verdict is contrary to the evidence.”

At the trial the facts developed that appellant and one Leandro Maldonado, at about 12:30 o’clock of the night of June 27, 1915, were proceeding along the main highway from Lowell to Bisbee. They were carrying a number of bottles of mescal and three canteens of mescal that they had…