Smith v. State

BELCHER, Judge.

The conviction is for murder with malice; the punishment, 13 years.

Arthur Lemons, witness for the state, testified that he spent the afternoon of the day of the shooting drinking wine and beer with Willie Louis (the deceased) and others (appellant was not present) at the residence of the deceased. About 6 p.m. Lemons went to his home two blocks away, ate, went to sleep and was awakened by the appellant who told him that the deceased was tearing up the place and abusing people and since he (Lemons) was a friend of the deceased Lemons should help restrain him. In response to the…