Smith v. State

RAMSEY, Judge.

This appeal results from a conviction had in the Criminal District Court of Dallas County on January 28, 1909, in which judgment appellant was found guilty of murder in the second degree and his punishment assessed at confinement in the penitentiary for a period of fifty years.

A number of the questions presented as grounds for reversal are of a character not at all likely to occur upon another trial and we, therefore, pretermit any discussion of them. It was shown beyond doubt and, in fact, admitted that along about the 26th day of May, 1908, and during a period of high water…