Fernandez v. State

ON state’s motion for rehearing

DICE, Judge.

Our prior opinion is withdrawn and the following substituted therefor.

The conviction is for murder; the punishment, life imprisonment.

The State’s evidence shows that on Saturday night, March 12, 1960, appellant and the deceased attended a dance at the Analla Dance Hall in Lorenzo in Crosby County. Around 11 P.M., appellant and the deceased became engaged in a fight in which others present participated. In the fight the deceased received a knife wound which caused his death. Witnesses testified that during the fight they saw an open knife in the…