Smith v. State

GRAVES, Judge.

Appellant, a man 46 years of age, an itinerant painter, was charged with the murder of Mrs. Hazel Weeks, and upon conviction by the jury he was assessed a penalty of 38 years in the State penitentiary. His wife, Mrs. Ada Smith, was also charged in a separate indictment with the same oifense; however the record showed her death while confined in jail prior to this trial.

The' record shows that Mrs. Hazel Weeks, the deceased, was the wife of Arthur H. Weeks; that she had some five children by a former marriage, two of whom lived in a house trailer with her and her husband in a San…