Gutierrez v. State

MORROW, Presiding Judge.

The conviction is for assault to murder; punishment fixed at confinement in the penitentiary for a period of five years.

Appellant shot Bernardo Salazar. There were two eyewitnesses to the tragedy, namely, Augustine Bustamente, and the wife of the appellant. According to the testimony of Bustamente, he and the deceased,' after drinking intoxicating liquor together for several hours, went to the home of the appellant after more of the same article. A quarrel between the deceased and the appellant arose. The deceased seized a lighted lantern which furnished the only light…