Simmons v. State

CALHOUN, Judge.

The offense is murder, the punishment being confinement in the penitentiary for fifty years.

This case has been before this court twice already. The opinion upon the first appeal will be found reported in 109 Texas Crim. Rep., 157, 3 S. W. (2d) 449, and the second appeal in 113 Texas Crim. Rep., 53, 19 S. W. (2d) 44. The evidence is set out in sufficient detail in the former opinions. It is admitted that upon the present trial the evidence was substantially the same as that upon the two former trials with the exception that the state offered a couple of witnesses who testified…