Legal Opinion
Smith v. State
Court of Criminal Appeals of Texas
Decided November 9, 1971No. 44202PublishedCited by 7 opinions
1Opinion of the Court
OPINION
ROBERTS, Judge.
This is an appeal from a conviction for murder with malice; trial was before a jury and the court set the punishment at 10 years imprisonment.
Appellant first complains that the court erred in not instructing a verdict of not guilty upon completion of the State’s case, in that it had failed to prove any of the elements of murder with malice. The contention is not that there is insufficient evidence in the record to support the verdict of guilty of murder with malice.
This contention is without merit. In Lopez v. State, 172 Tex.Cr.R. 317, 356 S.W.2d 674 (1962), this Court…
2Cases cited6 opinions
- Davis v. StateCourt of Criminal Appeals of Texas · 1969
- Lopez v. StateCourt of Criminal Appeals of Texas · 1962
- Singleton v. StateCourt of Criminal Appeals of Texas · 1961
- Spears v. StateCourt of Criminal Appeals of Texas · 1925
- Gray v. StateCourt of Criminal Appeals of Texas · 1964
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ridyolph v. StateCourt of Criminal Appeals of Texas · 1977
- Martinez v. StateCourt of Criminal Appeals of Texas · 1974
- Gutierrez v. StateCourt of Criminal Appeals of Texas · 1973
- George Edward Wilson v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974
- Zuniga v. StateCourt of Criminal Appeals of Texas · 1973
2 more not listed; retrieve them via the Exa API.