SMITH v. STATE

No. 32166.

336 S.W.2d 169 (1960)

Joseph Robert SMITH, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 8, 1960.


Attorney(s) appearing for the Case

Charles W. Tessmer, Robert C. Benavides, Dallas, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Presiding Judge.

The offense is sodomy; the punishment, 15 years.

After trial, sentence and notice of appeal in the District Court, appellant was adjudged to be insane, and was committed to a state hospital.

Appellant's counsel has exercised his option not to prosecute his appeal from this conviction under the terms of Article 932b, section 5, Vernon's Ann.C.C.P., but instead has moved to retire this case from the docket until appellant becomes...

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