Smith v. State

OPINION

JACKSON, Commissioner.

The conviction was for murder with malice in a plea 6f not guilty; the punishment fixed by the jury was life.

The indictment alleged that appellant voluntarily and with malice aforethought killed Norma Jean Smith on March 13, 1972, by shooting her with a gun. Norma Jean Smith was his wife.

A preliminary trial before a jury was held on November 13, 1972, and appellant was found to be sane and capable of standing trial. The case was tried on February 12, 1973, the jury found him to be sane at the time of the offense, found him guilty and assessed his punishment at…