Ex Parte Smith

GRAVES, Judge. —

This is a companion case to Ex parte S. C. Scales, cause No. 19641, opinion this day handed down. (Page 636 of this volume). The facts herein show the killing of a man named Frank Moody, and the statement of the relator evidences his criminal connection therewith, and in our opinion the proof is evident that a capital offense has been committed, leading a well-guarded and dispassionate judgment to the conclusion that the accused is the guilty agent; and that he would probably be punished capitally if the law is administered. See Ex parte Peddy, 118 Texas Crim. Rep., 175, 42 S.…