Villareal v. State

BEAUCHAMP, Judge.

The motion for rehearing in this case is granted and the original opinion herein, dated May 15, 1940, is withdrawn and the following substituted in lieu thereof.

Upon a trial for murder in the district court of Starr County, the appellant, Santos Villareal, received the death penalty, his victim being Fla vio Hinojosa. Both parties are Mexicans. All the pertinent facts took place during a drinking revelry one night in which the principal actors were the appellant, Armando Gonzales, Macerio Barrera, and deceased.

Armando Gonzales, who was present at all times with the appellant…