Legal Opinion

Smith v. State

Court of Criminal Appeals of Texas

Decided April 20, 1921No. 6122PublishedCited by 17 opinions

Appeal from the Criminal District Court of Tarrant. Tried below before the Honorable Geo. E. Hosey. Appeal from a conviction of murder; .penalty, thirty-five years’ imprisonment in the penitentiary. The opinion states the case. On question of impeaching defendant’s testimony; Drake v. State, 29 Texas Crim. App., 265; Jennings v. State, 60 Texas Crim.

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Appeal from the Criminal District Court of Tarrant. Tried below before the Honorable Geo. E. Hosey. Appeal from a conviction of murder; .penalty, thirty-five years’ imprisonment in the penitentiary. The opinion states the case. On question of impeaching defendant’s testimony; Drake v. State, 29 Texas Crim. App., 265; Jennings v. State, 60 Texas Crim. Rep., 422; Davis v. State, 155 S. W. Rep., 550; Sapp v. State, 190 id., 489. On question of permitting jury to take pistol in their retirement: Williams v. State, 35 Texas Crim. Rep., 183; Lockett v. State, 55 S. W. Rep., 336; Kiser v. State, 13…

1Opinion of the Court

HAWKINS, Judge;.

The appellant was convicted of murder, and his punishment assessed at confinement in the penitentiary for a term of thirty-five years.

The record shows that appellant was a practicing physician in the city of Fort Worth, and had been married about two years. His wife was the daughter of the deceased, Mrs. Ruby White. During most of the time they had been married they had lived at 2137 Jennings Avenue in the City of Fort Worth, but about two weeks before the homicide appellant and his wife bought and moved to a place on Richmond Avenue in said city. The wife of appellant was…

2Cases cited20 opinions

  1. Baines v. StateCourt of Criminal Appeals of Texas · 1902
  2. Mauney v. StateCourt of Criminal Appeals of Texas · 1919
  3. Barkman v. StateCourt of Criminal Appeals of Texas · 1899
  4. Chalk. v. StateCourt of Criminal Appeals of Texas · 1895
  5. Long v. StateCourt of Criminal Appeals of Texas · 1910

15 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. State v. DennisOregon Supreme Court · 1945
  2. Stallings v. StateCourt of Criminal Appeals of Texas · 1972
  3. Purifoy v. StateCourt of Criminal Appeals of Texas · 1956
  4. Allen v. StateCourt of Criminal Appeals of Texas · 1940
  5. Ingram v. StateCourt of Criminal Appeals of Texas · 1962

12 more not listed; retrieve them via the Exa API.

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