Smith v. State

The appellant and his wife were jointly indicted for the murder of Tommie Case. No request for severance was made, and they were tried together, resulting in a verdict of conviction of the appellant and the acquittal of his wife. On this verdict against the appellant the death penalty was imposed..

The evidence discloses that the appellant and his wife were driving along a public road in an automobile and met Case and Alternan Watts, who were walking. According to Watts, who testified for the state, when they met, the appellant said “Hey,” stopped the automobile and said: “ ‘Gome here Tommie,’…