Garello v. State
Court of Criminal Appeals of Texas
Appeal from District Court of Hunt, Tried below before Hon. E. W. Terhune. Under an indictment charging Mm with the murder of one Sylvester Alfino, appellant was, at his trial, convicted of manslaughter, his punishment being affixed at two years imprisonment in the penitentiary.
Read the full summary
Appeal from District Court of Hunt, Tried below before Hon. E. W. Terhune. Under an indictment charging Mm with the murder of one Sylvester Alfino, appellant was, at his trial, convicted of manslaughter, his punishment being affixed at two years imprisonment in the penitentiary. Under instructions from Judge Davidson, in his dissenting opinion, we reproduce in full the evidence as found in the statement of facts in the record.' Charles Muzzio, the first witness for the State, testified: I run a restaurant in Greenville, Hunt County, Texas. I am acquainted with the defendant, Vito Garello, and…
1Opinion of the Court
SIMKINS, Judge.
Judge.— Defendant was convicted of manslaughter, and sentenced to two years in the penitentiary, and appeals to this court.
1. The first error assigned is, that the court erred in permitting the district attorney to use the following language: “ He (referring to defendant) is from the sunny clime of Italy, where the Mafia flourishes, and the people band themselves together for the purpose of committing wholesale murder.”
This language was improper. What bearing the Mafia had upon this case is not apparent from the evidence, and reference to it was intended to excite race…
2Cases cited1 opinion
- Bishop v. StateTexas Supreme Court · 1875
3Cited by14 opinions
- Mooney v. StateCourt of Criminal Appeals of Texas · 1915
- Childers v. StateCourt of Criminal Appeals of Texas · 1894
- Himmelfarb v. StateCourt of Criminal Appeals of Texas · 1915
- Haskette v. StateCourt of Criminal Appeals of Oklahoma · 1938
- Pickett v. StateCourt of Criminal Appeals of Texas · 1945
9 more not listed; retrieve them via the Exa API.