Rios v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

JACKSON, Commissioner.

On appellant’s motion for rehearing, we withdraw all prior opinions. We overrule the motion for rehearing and substitute for the opinions withdrawn the following opinion affirming the judgment and denying the motion for rehearing:

The appeal herein is from a conviction for murder with malice; the punishment, fifteen (IS) years.

On May 10, 1972, appellant shot Artemio Gonzalez at close range with a 12 gauge sawed-off shotgun. The wound was in the abdomen large enough for a man to thrust in his hand, and the intestines were…