SMITH v. STATE

No. 29840.

316 S.W.2d 750 (1958)

Albert SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 11, 1958.


Attorney(s) appearing for the Case

John P. Spiller, Houston, for appellant.

Dan Walton, Dist. Atty., Thomas D. White and Morgan W. Redd, Asst. Dist. Attys., Houston, Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is murder; the punishment, sixty years.

The undisputed evidence shows that appellant took offense at some remarks the deceased made; left the scene upon order of police officers, returned some thirty minutes later, got out of an automobile and fired several shots at the deceased, some of which struck him and caused almost instant death.

Appellant filed application for suspended sentence and testified, his testimony raising...

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