Martinez v. State

GRAVES, Judge.

Appellant was convicted of murder without malice, and sentenced to serve four years in the State penitentiary.

The testimony presents many contradictions, it showing from the State’s standpoint the pursuit' and slaying of one Jesus Navarro by appellant and his brother Jose Martinez acting together, although the question of which one of the two struck the final fatal blow is left in doubt. Nevertheless the fact that one of these two brothers did strike such blow seems reasonably certain. The testimony does show that these two *316brothers had a nephew, Juan Gomez, who had previously…