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SMITH v. STATE

No. 25061.

240 S.W.2d 783 (1951)

SMITH et al. v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied June 27, 1951.

Attorney(s) appearing for the Case

Carney, Carney & Mays, Atlanta, for appellants.

George P. Blackburn, State's Atty., of Austin, for the State.

BEAUCHAMP, Judge.

Appellants were convicted for the murder of Wash Allen and sentenced to seven years in the penitentiary.

Appellants were jointly indicted by the Grand Jury of Cass County at the December term, 1948, with the offense of murder with malice by hitting and beating Wash Allen with a wrench handle. The homicide occurred on a country road between Atlanta and Bloomburg, in Cass County, on November 3, 1948. The State relies for conviction largely...

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