Smith v. State

Banke, Judge.

Hubert and Montez Smith, husband and wife, were jointly indicted for murder. The jury found Hubert Smith guilty of voluntary manslaughter and Montez Smith guilty of involuntary manslaughter. Defendants appeal. Held:

1. The evidence shows that defendants were at a dance when they received information that Charles Hyde, the brother of Hubert Smith’s former wife, had gone to their home in an intoxicated condition and picked up the two minor children of Montez Smith by a previous marriage and the adult married daughter of Hubert Smith (the neice of Charles Hyde), who was baby-sitting…