Silva v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of murder without malice, under the former Penal Code (1925); the punishment is imprisonment for 5 years.

The appellant complains that the evidence is insufficient to support his conviction for the murder of Francisco Chapa, and he asserts that the evidence conclusively shows that he acted in self-defense. He also asserts that a statement made by Francisco Chapa, prior to his death, was erroneously admitted in evidence as a dying declaration.

In the evening, on January 21, 1973, a number of persons had gathered at a…