Sylvester Diaz v. State

There is no material conflict between the testimony of the states witnesses, the defense witnesses, appellants confession, and his testimony. They show that the appellant and the injured party had had prior difficulties, that on the night in question the 14-year old brother of the injured party had cursed or used impudent language toward the appellant and that the appellant had struck the boy, who went home and reported the incident to the injured party. The injured party went in search of the appellant and found him in front of a cafe where they had some words, and the appellant left, went to his home and secured a pistol. Later the appellants automobile and that of the injured party came to a halt near each other. The appellant got out of his automobile, mounted the running board of the injured partys pickup truck, and fired two shots at him. The injured party fied toward an adjacent home, and appellant fired two more shots at him as he was running away. The injured party was shot four times, one time in his back.