Cruz v. State

CALHOUN, Judge.

The offense, assault with intent to murder; punishment, one year in the penitentiary.

The state’s testimony shows that the appellant shot the injured party, Pete Correa, through the head. It seems that a party by the name of Diana and his wife were operating a restaurant in the city of Big Spring. The appellant had been in the cafe before the shooting and upon the request of the cafe owner had left, but he afterwards returned. The evidence further shows that the injured party came into the restaurant for the purpose of getting a cup of coffee, and while he was in the cafe…