Smith v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of murder in the second degree, his punishment being assessed at five years confinement in the penitentiary.

Quite a number of exceptions are urged to the charge of the court in regard to self-defense and manslaughter. Also that the court erred in charging on the issue of murder in the second degree. It is also contended the evidence is not sufficient to support the conviction of murder in the second degree. The State’s case is made by the first witness, Frank Boldin. It is shown the defendant, with others, was engaged in a monte game.…