Garcia v. State

OPINION

ONION, Judge.

This is an appeal from a conviction for murder without malice with the punishment assessed at five years.

The indictment charged murder with malice.

The State’s evidence reflects that the appellant shot and killed Billy Joe Stone on December 25, 1968, in Potter County. Testifying in his own behalf the appellant admitted shooting the deceased, but claimed self defense. The court charged on the law of self-defense. The jury by their verdict rejected the defense.

Initially, appellant contends the trial court erred in denying his motion or motions for the production of the grand…