Garcia v. State

GRAVES, Judge.

Appellant was convicted of an assault with intent to murder Johnnie Garivay and by the jury given a penalty of ten years in the state prison.

Johnnie Garivay and his half-brother, Gilbert Soto, were drinking beer in a cafe in Dallas on March 1, 1946, and some kind of an altercation ensued between these two brothers on one side and appellant and Carlos Martinez on the other. Several pistol shots were fired, and when the trouble ended Gilbert Soto was dead and Garivay was beaten. He had also been shot through the buttock, the bullet going upward and lodging in his intestines.

The…