Smithwick v. State

234 S.W.2d 237 (1950)

SMITHWICK

v.

STATE.

No. 24901.

Court of Criminal Appeals of Texas.

October 4, 1950.

Rehearing Denied December 6, 1950.

Henry Taylor, Temple, Byron Skelton, Temple, Henry Wilder, George West, Jim D. Bowmer, Temple, for appellant.

James K. Evetts, Dist. Atty., Belton, George P. Blackburn, State's Atty., of Austin, for the State.

BEAUCHAMP, Judge.

The appeal is from a conviction for murder with a life sentence in the penitentiary.

Appellant, in his brief, has stated the facts sufficiently in the following language:

"On the 29th day of July, 1949, Sam Smithwick, Appellant, shot and…