Smith v. State

HARRIS, Judge.

Appellant stands convicted of murder in the second degree and the jury fixed his punishment at thirty (30) years imprisonment in the penitentiary. He was represented by retained counsel at his arraignment and trial. After trial he was declared an indigent and a free transcript was furnished him. New counsel was appointed to represent him on appeal.

On Sunday morning, December 17, 1972, appellant and the deceased rode together in deceased’s car to a “shot house” operated by Cora Mae Davis in the Homewood Community of Jefferson County. They had known each other for some years and…