Gonzales v. State

OPINION

MORRISON, Judge.

The offense is murder with malice; the punishment, eight years.

Appellant’s first ground of error is that the court erred in charging the jury on murder with malice because the facts did not warrant such a submission. Though there is no conflict in the testimony, a rather detailed recitation of the facts is required. Four men were involved in this difficulty which occurred at midnight on a Saturday in the down town section of the city of Houston. Deceased and his companion Horn were traveling in a 1966 Mustang automobile. Appellant and his companion Guzman were riding in…