Garcia v. State

MORROW, Presiding Judge.

—The judgment condemns the appellant to confinement in the penitentiary for a period of fifteen years.

He entered a plea of not guilty. After the evidence was in, he asked the court to instruct an acquittal. This being refused, he withdrew his plea of not guilty and entered a plea of guilty.

A reversal is sought because of the insufficiency of the evidence and because the court refused to instruct the jury to acquit the appellant if they believed that he shot the deceased under the belief that he was attempting to steal melons which the appellant was guarding. If…