Rodriquez v. State (68 Tex. Crim. 185, 1912)

HARPER, Judge.

— Appellant was indicted for the murder of one Will Armstrong, by the grand jury of Erio County, and upon a change of venue it was carried to the Thirty-'Seventh District Court' of Bexar County, and there tried. Appellant was convicted of murder in the second degree and his punishment assessed at confinement in the penitentiary for the term of ten years.

The crime alleged occurred in 1903. Immediately after the killing of Armstrong by appellant he escaped into Mexico and was not arrested until some five or six years after the killing.

J. C. Campbell testified that on the evening before the killing that night, appellant and a Mexican boy by the name of Mateo Andrada were at his store, which was only a short distance from the place of Wm. Armstrong’s; that appellant stated to him (Campbell) that he was going to Wm. Armstrong’s place; that Armstrong owed the boy Andrado some money and that he (appellant) was going over there to make Bill settle with the boy and he stated that if he did not pay the boy “we will do one another up.” Campbell states that he told appellant not to talk that way; that it would get him into trouble; that he saw appellant leave the store going in the direction of Bill Armstrong’s house. He repeated the statement of appellant “that they w