Corona, Sr. v. State

CHRISTIAN, Judge.

The offense is murder; the punishment death.

The count in the indictment under which appellant was convicted charges that—

“Carlos Corona Sr. * * * did then and there unlawfully with his malice aforethought kill Julia de Corona by striking her with a piece of bolt and by striking her with a hard instrument the exact nature of which is to the grand jury unknown.”

Appellant’s contention that the count of the indictment under which he was convicted is duplicitous is without merit. Branch’s Annotated Penal Code, Sec. 2059; Burt v. State, 40 S. W. 1000.

The court gave a charge upon…