Smith v. State

Hunstein, Justice.

Charles Dennis Smith was found guilty of the felony murder of James Lamar Elliott. He appeals from the denial of his motion for a new trial.

Appellant was working for Elliott at a house construction site when the two men got into an argument after Elliott criticized work appellant had done. Co-workers testified that when appellant got in Elliott’s face, Elliott pushed appellant back, stated he did not want to fight, and told appellant to go home. Appellant responded by saying he was going to get his gun. Co-workers saw appellant leave the house, go to his truck, retrieve his…