Smith v. State

KRUEGER, Judge.

The offense is murder. The punishment assessed is confinement in the state penitentiary for a term of ten years.

The State’s evidence, briefly stated, shows that on the night of June 11th, 1943, Fred Hawkins, the deceased, was in a cafe owned by Frank Hawkins where beer was also sold and served. Defendant came to the place and called Fred Hawkins out; that when Fred Hawkins responded to the call appellant said, “take your hands out of your pocket,” and fired one shot from a pistol. The bullet entered the right side of deceased and emerged on the left side. The deceased fell in…