Pineda v. State
| Decision Date | 08 May 1963 |
| Docket Number | No. 35783,35783 |
| Citation | 367 S.W.2d 862 |
| Court | Texas Court of Criminal Appeals |
| Parties | Antonio Parra PINEDA, Appellant, v. The STATE of Texas, Appellee. |
No attorney on appeal, for appellant.
Leon B. douglas, State's Atty., Austin, for the State.
BELCHER, Commissioner.
The conviction is for murder; the punishment, forty-three years.
Elodia Ontiveras testified that while in her home she heard voices and looked across the street where she saw five men beating a man who was lying on the ground; that she ran screaming to the men to quit hitting the man on the ground; that she got 'very close' and saw the apellant hitting him with a car jack but she did not know what the others were using. When they continued beating the man she ran to a nearby residence to notify the police. Upon returning she saw the five men leaving in a car; that the man on the ground was unrecognizable because he was covered with blood; and she found a chair leg on the ground. She gave to the police a description of the car in which the five men left.
Ricardo Galaviz testified that he, the deceased and others were together when the deceased suddenly ran as five men approached. They pursued the deceased who soon fell and the men jumped on him and began beating him; that he saw the appellant hitting the deceased with a bumper jack and saw one of the other five men with a knife.
The license number of the car in which the five men left was noted by Carmen Avina and given to the police.
The officers, on arrival at the scene, found Francisco Puente lying on the ground critically weounded. They obtained a description of the car and of one of the five men who left in it, and put out a radio spot broadcast.
Officers O'Leal and Craig testified that they stopped a car of the description given on the spot broadcast and one of the five men in it also fit the description of the man given on the broadcast. There was blood on appellant's shirt sleeve and the blood on his trousers was not dry. The bodies of the five men had scratches and cuts and their clothes were bloody. The officers found three knives and a car jack in the car and two of the knives still had fresh blood on them.
The evidence shows that the deceased suffered multiple stab wounds, that there were four deep stab wounds of a total of about twenty, and that his death was caused by multiple stab wounds in the body.
The written statement of the appellant was introduced in evidence and in part it reads as follows:
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Pineda v. Bailey
...43 years in the state penitentiary. His conviction and sentence were affirmed by the Texas Court of Criminal Appeals. Pineda v. State, 367 S.W.2d 862 (Tex.Cr.App. 1963). Shortly after that affirmance Appellant complained that his constitutional right to assistance of counsel had been violat......
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Ex parte Pineda
...he is serving which was pronounced against him in the 34th District Court of El Paso County and affirmed by this Court in Pineda v. State, Tex.Cr.App., 367 S.W.2d 862. On July 10, 1963, the judge of the 34th District Court of El Paso County issued the writ, developed the facts at a hearing ......
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Flores v. State
...which a judgment of conviction of one of the codefendants, Antonio Parra Pineda, was affirmed by this court, is found in Pineda v. State, Tex.Cr.App., 367 S.W.2d 862. The facts in the two cases are substantially the same, with the exception that no confession was introduced in evidence in t......