Martinez v. State

BELCHER, Judge.

The conviction is for murder; the punishment, twenty-five years.

The testimony of the state shows that appellant shot the deceased at least three times with a pistol, once in the left leg and twice in the left side of the back with one of the bullets going six or eight inches straight into the body and that such wound caused the death of the deceased.

Appellant testifying in his own behalf admitted shooting the deceased with a pistol, but says the deceased was walking toward him with an open knife in his hand and his arm raised, then the deceased saw his gun and as he turned was…