Gallegos v. State

HENDERSON] Judge.

Appellant was convicted of murder in the second degree, and his punishment fixed at ten years confinement in the penitentiary; hence this appeal. This is a companion case to that of Elijio Gallegos v. State, 12 Texas Ct. Rep., 762, and the inculpatory facts in the present case are essentially the same as in that case. The evidence substantially shows that deceased, appellant and his codefendant were last seen together, late on the evening before the disapparanee of Montoya. In a day or two thereafter the body of deceased was taken out of the river. It was shown to have a…