Guerrero v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of. Webb. Tried below before Hon. A. L. McLane. Appeal from a conviction for murder in the first degree; penalty, imprisonment for life in the penitentiary. Appellant was charged by the indictment, which in the first count charged him with the murder of Miguel Salazar, on the 17th day of April, 1898, by stabbing him with a knife.
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Appeal from the District Court of. Webb. Tried below before Hon. A. L. McLane. Appeal from a conviction for murder in the first degree; penalty, imprisonment for life in the penitentiary. Appellant was charged by the indictment, which in the first count charged him with the murder of Miguel Salazar, on the 17th day of April, 1898, by stabbing him with a knife. The second charged that the defendant fought "a duel with deadly weapons, to wit, a knife and pistol, with Miguel Salazar, and the said Tldefonso Guerrero did then and there, with malice aforethought, kill the said Miguel Salazar by…
1Opinion of the Court
HEHDEESOH, Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at confinement in the penitentiary for life; hence this appeal.
Appellant objected to the following charge of the court: “And the law further declares that, if either of the combatants in a duel be killed, the survivor shall be deemed guilty of murder in the first degree, and be punished accordingly.” There was some testimony in this case indicating a mutual combat, but we fail to find testimony showing a duel, as defined by article 715 of the Penal Code. We also refer to the oath of office re…
2Cited by1 opinion
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