Smith v. State

GRAVES, Judge.

Appellant was charged with the killing of Leslie D. Gibbins with malice, and upon conviction, he was assessed the penalty of death.

The proof shows that appellant and a companion prepared themselves for a robbery of the deceased who was a bus driver; and appellant, being possessed of a pistol, these two men boarded this bus at nighttime. Appellant’s companion announced that “this is a stick up.” Appellant then presented the pistol at the deceased, who gave the companion some money from his shirt. He was immediately shot by appellant while doing something with his money changer,…