Smith v. State

Jim Smith was indicted for the murder of Tucker Smith, his father. The scene of the homicide was the home of Tucker Smith. Those present were Toombs Walton, George Stevens, Maggie Smith, and Hattie Lou Walton. Shortly before the homicide the defendant went into the room where Maggie Smith was seated and began winding the victrola. It is disputed as to whom or what the remark was addressed, but it seems undisputed that the defendant remarked “damn it,” and possibly repeated it after being told not to do so, and that Tucker Smith, the deceased, thought the remark was addressed to Maggie Smith,…