Gonzales v. State

• Decision Date: 31 October 1962
• Docket Number: No. 34927,34927
• Citation: 361 S.W.2d 393,172 Tex.Crim. 556
• Parties: Henry GONZALES, Appellant, v. The STATE of Texas, Appellee.
• Court: Texas Court of Criminal Appeals

Page 393

361 S.W.2d 393

172 Tex.Crim. 556

Henry GONZALES, Appellant, v. The STATE of Texas, Appellee.

No. 34927.

Court of Criminal Appeals of Texas.

Oct. 31, 1962.

[172 TEXCRIM 556] Webb, Schulz & Stockes, by Richard M. Price, San Angelo, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is murder; the punishment, 5 years.

Two groups of three Latin American men each met at a park near the city of San Angelo for the purpose of singing, guitar playing and beer drinking. This was followed by wrestling among [172 TEXCRIM 557] themselves in a spirit of fun until deceased threw appellant to the ground. According to the State's witnesses, this occurred several times, and then appellant got up, struck deceased and continued to chase him around the automobiles. The witness Lopez testified that when he attempted to intercede appellant cut him on the shoulder. Appellant and deceased went down a small hill out of sight of the other witnesses, and shortly thereafter appellant returned, stated that he 'had cut him,' got in his automobile, and departed the scene. The two witnesses who remained found deceased lying in a ravine 'cut in the head and his stomach.' An ambulance arrived, and deceased was carried to the hospital, where he died from wounds inflicted by a sharp instrument. After leaving the altercation at the park, appellant went to the home of his estranged wife's parents and cut the screen door when he was refused admittance. The parents called the police, and, while they were subduing appellant, he threw his knife away. Upon the arrival of the police, they found a knife near the scene. No knife was found in the park around the scene where the body was found.

Appellant's witness Carillo testified that after appellant and deceased had 'rassled' awhile they got mad, that deceased in his flight from appellant attempted to use the witness Carillo as a shield but that he was able to extricate himself from deceased's grasp and the pursuit continued on down the hill with the fight still in progress. He stated that he saw no knife in the hands of deceased but that he did see appellant's knife as they were driving from the park into the city.

None of the witnesses saw a knife in the hands of either party at the park because of darkness.

Appellant's father, his wife, and a family friend, the jailer, testified that appellant had certain cuts and scratches about his body when they saw him shortly after the occasion in question.

Appellant, testifying in his own behalf, stated that deceased was mad at him because he was separated from his wife who was a relative of deceased; that after deceased threw him to the ground he saw him go over to one of him companions and saw the companion 'pass' something to him; so he went to his automobile, got his knife, and struck at deceased after deceased had injured him. He denied that he cut Lopez and denied that the knife found by the police near his wife's parents' home was his.

The jury resolved the issue of self defense submitted to them [172 TEXCRIM 558] in the court's charge against appellant, and we find the evidence sufficient to sustain their...