Smoot v. State

Appellant was put to trial upon an indictment charging murder in the first degree. He was convicted of manslaughter in the first degree and the jury fixed his punishment at imprisonment in the penitentiary for ten years. Prior to trial appellant was found to be indigent and counsel was appointed to represent him. At arraignment, in the presence of appointed counsel, appellant pleaded not guilty. After sentence was imposed he gave notice of appeal and was furnished a free transcript. Trial counsel represents him on appeal.

At the close of the State's case in chief appellant moved to exclude the…