Smith v. State

KRUEGER, Judge.

The appellant was tried and convicted of the offense of murder, and his punishment assessed at confinement in the State penitentiary for a term of five years.

The record discloses that on the 29th day of August, 1933, Billie Atwood was found dead near the building of the Mayfield Grocery Company between two railroad switch tracks in the town of Longview, Texas. His wife, Ruth Atwood, and the appellant were both indicted and charged with the murder. Mrs. Atwood was tried in September, 1933, convicted and sentenced to serve a term of five years in the penitentiary. The appellant…