Smith v. State

CLAYTON, Justice.

Appellant, L. V. Smith, was convicted of murder in the second degree and his sentence fixed at 25 years in the penitentiary. It is undisputed that while standing on his truck, loaded with seed cotton, appellant shot and killed Donald Hamby with a shotgun. Hamby was standing on the ground nearby. Appellant and his witnesses testified that at the time of the shooting, Donald Hamby was pointing an automatic pistol at appellant and was moving his thumb up and down the side, apparently in an effort to release the safety. Witnesses for the state contradicted this testimony and said…