Smith v. State

PRENDERGAST, Judge.

The appellant was indicted for the murder of Will Overstreet, alleged to have occurred May 26, 1908. He was convicted of murder in the second degree and his penalty fixed at thirty years in the penitentiary.

This is the second appeal in this case. The first is reported in 57 Texas Crim. Bep., 585. It is unnecessary to make an extended statement of the evidence. The evidence on this trial was in some particulars different from the trial reported before. The case can be understood, however, from that report of it. On that trial the court charged fully on murder in the first…