Martinez v. State

HABPEB, Judge.

—Appellant was convicted of murder, and his punishment assessed at twelve years confinement in the State penitentiary.

This is a companion case to those of J. A. Serrato, Lino Gonzales and Jesus Gonzales heretofore decided by this court, hut not yet reported. In this case there is this difference between it and those heretofore decided—appellant did not testify, and, of course, his connection with the conspiracy is not admitted, nor is the object and purpose of the men banding themselves together.

To show that he was a member of the armed hand found on Capones creek, the State…