Smith v. State

OPINION

ONION, Judge.

The appellant was tried in the District Court of Hale County on an indictment charging him with the murder with malice of one Frank Richson. He was convicted and his punishment assessed at ten years confinement in the penitentiary. Notice of appeal was given on June 2, 1966.

The State’s evidence, with some minor inconsistencies, shows that on the evening of May 16, 1965, the appellant, the deceased, and their friends, most of whom played in a dance band, were at a dance at the Roughhouse Cafe in the City of Plainview. A fight or disturbance in which none of the parties or…