Smith v. State

McDonald, judge.

The offense is murder with malice, with punishment of life confinement in the penitentiary as a second offender.

When this case was previously before this Court, it was reversed for jury misconduct. It is reported in 169 Texas Cr. Rep. 315, 333 S.W. 2d 385.

Following the reversal of this case, the appellant was re-indicted, alleging in addition to the primary offense a prior conviction for murder in Louisiana.

No material benefit would be derived from summarizing the testimony of the witnesses individually. There is no dispute in the fact that at approximately 1:45 or 2:00…