Smith v. State

OPINION

DALLY, Commissioner.

The conviction is for rape; the punishment, thirty years’ imprisonment.

The questions presented are whether the appellant’s confession and evidence alleged to have been unlawfully obtained were erroneously admitted; and whether a charge on the law of circumstantial evidence was erroneously refused.

It is candidly conceded in appellant’s brief that the record shows that only a fact issue was raised “as to the volun-tariness of defendant’s confession and the validity of his waiver of the right to counsel,” and that this ground is urged on/appeal in order that the case…