Smith v. State

ALMON, Judge.

Appellant was indicted for the first degree murder of his ten week old son, Charles Edward Smith, Jr. To that indictment he plead not guilty and not guilty by reason of insanity. A jury found appellant guilty of second degree murder and fixed his punishment at forty-five years in the State penitentiary.

According to Mrs. Virginia Ann Smith, appellant’s wife and mother of the deceased, she departed their home at approximately 2:30 P.M. leaving appellant and Charles, Jr., at the house alone. Except for some bruises on his knees caused by appellant’s spanking of the child on at least…