Smith v. State

DICE, Judge.

The conviction is for murder with malice; the punishment, 20 years in the penitentiary.

*138The state’s testimony shows that on the evening of August 18, 1956, around 6:30 P.M., the appellant and the deceased, each of whom was 17 years of age, together with five other companions whose ages ranged from 16 to 20 years, met at the Reagan School in the Oak Cliff section of the city of Dallas. From the school they all left together in an automobile and drove to a liquor store where they purchased 30 cans of ale. They then drove to the “Cliff,” which is described as being a bluff in a wooded…