Smith v. State

WOODLEY, Judge.

The offense is murder; the punishment, sixty years.

The undisputed evidence shows that appellant took offense at some remarks the deceased made; left the scene upon order of police officers, returned some thirty minutes later, got out of an automobile and fired several shots at the deceased, some of which struck him and caused almost instant death.

Appellant filed application for suspended sentence and testified, his testimony raising the issue of self-defense. Both issues were submitted to the jury and were resolved against appellant.

The sole claim for reversal is the overruling…