Smith v. State

OPINION

MORRISON, Judge.

The offense is murder with malice; the punishment, 99 years.

The sufficiency of the evidence to sustain the conviction is not challenged and a recitation of the facts adduced will not be undertaken other than to assert that the defense of self-defense was interposed and was by the jury rejected. A motion for probation was made and submitted to the jury in the court’s charge.

Appellant’s first grounds of error relate to the court’s failure to instruct the jury not to consider certain argument of the prosecutor. Appellant’s counsel had argued in favor of probation and urged…