SMITH v. STATE

No. 30559.

323 S.W.2d 443 (1959)

Jesse Doffies SMITH, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 18, 1959.


Attorney(s) appearing for the Case

Herbert J. Coleman, Jack L. Penman, Houston, for appellant.

Dan Walton, Dist. Atty., Thomas D. White, Benjamin Woodall and Charles C. Castles, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., of Austin, for the State.


MORRISON, Presiding Judge.

The offense is murder; the punishment, death.

The State's evidence conclusively shows, and the appellant in his testimony admits, that he went into a supermarket operated by two young Chinese men for the purpose of robbing them. Appellant testified that he bought the pistol which he used for the purpose of robbing some one and that earlier on the night of the homicide he went in the store, "looked it over", left, changed clothes...

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