Marrufo v. State

DICE, Judge.

Appellant, Frank Marrufo, Jr., and Roberto Duron were jointly indicted for the murder of Bernardo Nava Reyes. Upon the granting of a severance, appellant was separately tried and convicted and his punishment was assessed at confinement in the penitentiary for five years.

The state’s testimony shows that on the night of July 15, 1960, the deceased was shot and killed, around 9 o’clock, p.m., after he had been called outside his house and had engaged in an argument with some parties in the street.

Prior to the shooting, the deceased was also involved in a fight with some friends of…