Cruz v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a jury conviction of murder with malice. The court assessed the punishment at fifteen years.

The sufficiency of the evidence is challenged.

Rodolfo Donias and Onesimo Guerra, the deceased, were walking down San Fernando Street in San Antonio sometime after midnight on August 16, 1969. They walked in front of a small brown house with a 1959 Chevrolet parked near it. Three persons at the house called to Don-ias and the deceased. Two of the three (including the appellant) approached and started cursing. The appellant cursed Guerra and Donias cursed the…