SMITH v. STATE

No. 29158.

305 S.W.2d 571 (1957)

Dwight Gurvis SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 9, 1957.


Attorney(s) appearing for the Case

Milton K. Norton, Curt Stiles, Dallas, for appellant.

Henry Wade, Criminal Dist. Atty., Frank Watts and A. D. Bowie, Criminal Assts. Dist. Atty., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

The conviction is for murder with malice; the punishment, 20 years in the penitentiary.

The state's testimony shows that on the evening of August 18, 1956, around 6:30 P.M., the appellant and the deceased, each of whom were 17 years of age, together with five other companions whose ages ranged from 16 to 20 years, met at the Reagan School in the Oak Cliff section of the City of Dallas. From the school they all left together in an automobile...

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