Tellez v. State

DICE, Judge.

Appellant was convicted of murder and assessed punishment at confinement in the penitentiary for 35 years.

The state’s testimony shows that the killing occurred on the night of February 2, 1952, at a place known as the Red Front in the city of Marlin in Falls County, Texas.

According to the state’s witnesses, appellant shot the deceased, Robert Rivas, while he (deceased) was engaged in a fight with one, Torribio Yasquez, and a boy by the name of Soto. In giving their version of the shooting, the witnesses testified that after Yasquez and Soto started the fight, the deceased picked…