Garcia v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of murder in the second degree, his punishment being assessed at eight years confinement in the penitentiary.

The evidence briefly stated is that all the parties to the transaction were Mexicans. The killing occurred at night. Appellant had been sent by his father with a sausage mill and Winchester rifle to a friend of his father. This friend wanted a sausage mill to use in making sausage as he purposed killing hogs. The gun was sent without request, and was accounted for in this way: On the previous year this friend of appellant’s father had…