Smith v. State

GRAVES, Judge.

Appellant was charged with the unlawful killing of Ernest Holmes, and was assessed a penalty of ninety-nine years in the penitentiary.

The facts show that Ernest Holmes was struck on the head by a blunt instrument sometime during the night of June 5, 1938, while in a garage, supposedly attempting to work on an automobile. The surrounding facts show that he must have been dazed by the blow, which was a severe one, and eventually he died from the wound, which was described by the witnesses as “a hole in his head.”

Outside of certain confessions we are not able to find anything in…