Espinoza v. State

HARPER, Judge.

Appellant was convicted of murder, and his punishment assessed at five years confinement in the State penitentiary.

The first objection is to the action of the court in permitting Andres Romero to testify. Andres Romero was indicted, charged also with the commission of the offense. The State’s theory was that the fatal wound was inflicted by appellant by stabbing deceased in the back. There was evidence that Romero stabbed deceased also in the front. Romero plead guilty of assault to murder, and his punishment was assessed at two years-confinement in the State penitentiary, hut…