Smith v. State

OPINION

DOUGLAS, Judge.

This appeal is from a conviction for murder. The punishment was assessed by the jury at ninety-nine years.

It is contended that the evidence is insufficient to support the conviction and that the court erred in refusing to charge on circumstantial evidence and negligent homicide.

We affirm.

The appellant and Billy Joe Smith, the deceased who was appellant’s brother, had been out together on the evening' of May 24, 1969. Billy Joe returned to his mother’s and stepfather’s home around 12:30 a. m. Billy Joe went to the refrigerator and made a sandwich. Shortly thereafter Billy…