Smith v. State

KRUEGER, Judge.

The offense is murder. The punishment assessed is confinement in the State penitentiary for a period of three years and six months.

Appellant’s chief contention is that the trial court erred in overruling his motion in which he requested the court to peremptorily instruct the jury to acquit him. He bases his contention upon two grounds. First, that injuries which the deceased received were not inflicted upon a highway, but after the automobile had passed from the highway through a barbed-wire fence and into a pasture. Second, that the uncontradicted evidence shows that he had no…