Mercado v. State

MORROW, Presiding Judge.

The offense is murder;. punishment fixed at confinement in the penitentiary for a period of ten years.

This is a companion case to that of Manuel Mercado, which has this day been decided. The evidence introduced on behalf of the State is practically the same as that developed in the separate trial of Manuel Mercado. In the present ease, however, there was no direct testimony showing that the appellant was in company with the deceased at any time; nor is there evidence of flight on his part or of his possession of the pistol of the deceased. The facts present the theory…