Smith v. State

This is an appeal by Billy Barnes Smith, appellant (defendant below), from a conviction for First Degree Murder. * Appellant was initially indicted on November 12, 1967, and after a period of time in which he was deemed incompetent to stand trial, he entered a plea of not guilty by reason of insanity. Appellant waived his right to a jury trial and in a trial to the court was found guilty on February 17, 1971. He received a sentence of life imprisonment. Appellant’s Motion to Correct Errors was overruled and this appeal followed.

There is but one issue raised in this appeal—whether the…