Rodriguez v. State

McDonald, judge.

The offense is Murder with Malice; the punishment; confinement in the state penitentiary for 20 years.

The evidence shows that on the evening of August 18, 1962, appellant, in company with Victor Palomo, Ascención Govea and the deceased, Daniel Canales, had been drinking beer in several bars including Castro’s Bar and the Slave Inn. The above parties left the Slave Inn around closing time in Victor Palomo’s car. From the Slave Inn the parties went to the deceased’s home and parked in front of the house where deceased refused to get off the car. He was riding on top of the car.…