Flores v. State
| Decision Date | 20 January 1960 |
| Docket Number | No. 31210,31210 |
| Citation | 331 S.W.2d 219,168 Tex.Crim. 629 |
| Parties | Carlos FLORES and Alfredo Flores, Appellants, v. STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
[168 TEXCRIM 630] L. G. Mathews, Brownsville, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
This was a joint trial under joint indictment, charging two brothers with the offense of assault with intent to murder, with punishment assessed against Carlos Flores at two years' confinement in the penitentiary and that against Alfredo Flores at four years.
No complaint was made of the joint trial nor was any complaint registered to the fact that the evidence showed separate and disconnected assaults by the appellants upon the injured party.
The sufficiency of the evidence to support the conviction presents the sole question for review.
The incident occurred at a beer tavern. The injured party, Cantu, and the appellants were good friends to the extent, as Cantu said, that they would 'play, cuss each other and never got mad until this night that they cut [him] and shot [him].'
It was the result of one of those friendly cursings that, according to Cantu's testimony, appellant Alfredo Flores cut him with a knife which, in the manner used, was a deadly weapon by which serious bodily injury was inflicted upon him (Cantu).
It was just after the cutting had ended that Carlos Flores appeared upon the scene and shot Cantu in the arm with a pistol.
The undisputed evidence is to the effect that Carlos Flores was neither present at the beginning of nor during the fight but happened to come up as it was being concluded.
[168 TEXCRIM 631] There was no showing that Carlos Flores participated in the assault by Alfredo.
There was much defensive testimony showing that the injured party, Cantu, was the aggressor throughout the fight and had knocked Alfredo Flores down with his fist and that it was in self-defense from the actual attack and also in defense of his brother Alfredo that Carlos Flores shot Cantu.
These defensive issues were pertinently submitted by the trial court to the jury and were rejected by the jury.
Appellants very correctly call attention to the absence of any motive, or express intent on their part to kill the injured party. Also, appellants insist that there is an absence of sufficient evidence to show that the assault was with intent to kill.
We agree with the appellants that the facts were amply sufficient to justify or...
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...with a deadly weapon. Peterson v. State, Tex.Cr.App., 399 S.W.2d 813; Hernandez v. State, Tex.Cr.App., 375 S.W.2d 285; Flores v. State, 168 Tex.Cr.R. 629, 331 S.W.2d 219. See also 4 Branch's Anno.P.C.2d p. 173, Sec. 1812. 'Further, proof of infliction of injury is not absolutely essential t......
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...the appellant also the issue of self-defense was raised by the evidence and the jury was charged as to this defense. Flores v. State, 168 Tex.Cr.R. 629, 331 S.W.2d 219, a joint trial under joint indictment charging two brothers with 'assault to murder.' Carlos Flores shot Cantu in the arm w......
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