Benavides v. State
Texas Supreme Court
Appeal from Cameron. The case was tried before Hon. Elisha Basse, one of the district judges. Louis Benavides and Rafael Benavides were indicted, for that they murdered Julio Ruiz, on the 29th March, 1868. Louis Benavides was alone put upon his trial, upon the plea of not guilty. Julio Ruiz lived with his sister, who was connected by marriage (sister-in-law) with the accused. They were all living in peace and harmony.
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Appeal from Cameron. The case was tried before Hon. Elisha Basse, one of the district judges. Louis Benavides and Rafael Benavides were indicted, for that they murdered Julio Ruiz, on the 29th March, 1868. Louis Benavides was alone put upon his trial, upon the plea of not guilty. Julio Ruiz lived with his sister, who was connected by marriage (sister-in-law) with the accused. They were all living in peace and harmony. Julio started out on Sunday morning to cross the Rio Grande river to catch fish for the Matamoros market. At no great distance from his sister’s ranche he was found with bullet…
1Opinion of the CourtCaldwell, J.
—We have carefully reviewed the bills of exceptions and the evidence, and are of opinion that there is no error demanding a reversal of the judgment.
*584The defendant was convicted of mnrder in the second degree, and sentenced to twenty years in the penitentiary. The only evidence to establish the guilt of defendant is the dying declarations of deceased and immediate flight and concealment of the prisoner.
The district attorney introduced Isadora Garcia to prove the dying declarations of deceased; to the introduction of which testimony counsel for the prisoner objected, on the ground that “ said…
2Cited by2 opinions
- Miller v. StateCourt of Criminal Appeals of Texas · 1912
- Conner v. StateCourt of Appeals of Texas · 1887