Smith v. State

The plaintiff in error, Wilbur Smith, was tried and convicted on an information which charged that in Texas county, on or about the 8th day of March, 1922, he with intent to kill did shoot at one Horatio Herne, with a pistol, and in accordance with the verdict of the jury he was on June 3, 1922, sentenced to be confined in the State Reformatory at Granite, for the term of 18 months. From the judgment an appeal was taken by filing in this court on July 27, 1922, a petition in error with case-made.

His counsel of record have moved to dismiss the appeal on the ground and for the reason that…