Smith v. State

BEAUCHAMP, Judge.

The grand jury of Wichita County returned an indictment on June 17, 1938, alleging that Clarence Smith, appellant, did, on the 5th day of June, 1938, unlawfully and with malice aforethought kill Ernest Holmes by striking him with a hammer. The case was tried and resulted in a life sentence in the penitentiary. From the judgment on that trial appeal was taken to this court and the opinion will be found reported in (137 Texas Crim. Rep. 634) 132 S. W. (2d) 264, reversing the case.

The second trial resulted in the death penalty, from which this appeal is' presented.

The deceased,…