Garcia v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for the offense of murder with malice. Punishment was assessed by the jury at five (5) years in the Texas Department of Corrections.

In his first ground of error appellant challenges the sufficiency of the evidence to sustain his conviction for the murder of his wife, contending the proof was based solely upon circumstantial evidence.

The record reflects that the appellant’s wife, Victoria Garcia, went to Dumas from Lubbock on November 6, 1972, and contacted Cesario Sanchez, requesting that he drive her to her brother’s home in…