Smith v. State

BEAUCHAMP, Judge.

This is an appeal from the District Court of Sabine County in which the death penalty was assessed. It is the second time the case has been before this court, and each time the jury has returned the same verdict. (Smith v. State, 141 Texas Crim. Rep. 577, 150 S. W. (2d) 388.)

There is no material difference in the statement of facts found in the second appeal from what it was in the first, save and except in the cross examination of the wife. Consequently, we refer to the opinion in the former appeal for a statement of the nature of the case. Likewise, nothing new is presented…