Smith v. State

Grice, Justice.

Sammie Lee Smith, found guilty of murder without a recommendation and sentenced, assigned error upon the denial of his motion for new trial. He was indicted by the grand jury of Houston County for the July 10, 1960, murder of Jerry Cooper and was tried in the superior court of that county on August 24 and 25, 1960.

The victim, an elderly man, was found dead in his home in the City of Perry, Houston County, on the late afternoon of July 10, 1960, by a neighbor. His body, clad partially in pajamas, was lying on the floor in his bedroom with considerable coagulated blood leading…