Smith v. State

GRAVES, Presiding Judge.

Appellant was convicted of an assault with intent to murder with malice upon his stepdaughter, a baby about 9 or 10 months old, by the name of Glenda Kaye Westmoreland. He was by the jury awarded a penalty of 10 years in the state penitentiary and he appeals therefrom.

The testimony shows that on the 8th day of August, 1958, this baby, its mother and stepfather, the appellant, were living in a sort of trailer house in the city of Dallas; that this baby was injured at the time in question and was having a great deal of difficulty with its respiration. A metal airway had…