Garcia v. State

BEAUCHAMP, Judge.

This is an appeal from a death sentence for murder. The indictment charges appellant with the offense of murder while acting together with Ignacio Gonzalez Chavez and others, whose names were unknown to the grand jury, with the murder with malice of Eugenio Luna by shooting him with a gun. It is alleged that the homicide took place in Webb County on the 26th day of April, 1947.

Appellant had quite a criminal record. He was an escaped convict from a life sentence in the State Penitentiary of Texas. He had been at large for about three years and had spent the time, principally,…