Smith v. State

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction of murder without malice. Trial was before the court on a plea of not guilty without the intervention of a jury. Punishment was assessed at two years.

The record reflects that Barbara Smith (appellant’s wife), Tom Hoffman, Evelyn Goodwin and Bob Dalton left the Thunderbird Lounge in Houston and went to Dalton’s apartment about midnight where they drank beer for about two hours, after which all but Hoffman returned to the Thunderbird Lounge in Dalton’s car in order that Barbara might pick up her car.

Goodwin testified that when they…