SMITH v. STATE

No. 30068.

317 S.W.2d 539 (1958)

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

Court of Criminal Appeals of Texas.

November 5, 1958.


Attorney(s) appearing for the Case

No attorney on appeal for appellant.

Howard M. Fender, Dist. Atty., Conard Florence and Albert F. Fick, Jr., Asst. Dist. Attys., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Presiding Judge.

The offense is robbery; the punishment, 75 years.

Fielder, a night service station attendant in the city of Fort Worth, was beaten over the head to such an extent that he lost consciousness for several days and suffered injury to his brain which resulted in the loss of the senses of taste and smell, and temporary loss of memory. Fielder remembered that, before he was hit, the appellant, an off-duty attendant, had been in the station...

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