SMITH v. STATE

No. 32166.

342 S.W.2d 445 (1961)

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

Court of Criminal Appeals of Texas.

February 1, 1961.


Attorney(s) appearing for the Case

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

Henry Wade, Criminal Dist. Atty., Thomas B. Thorpe, William F. Tucker, Phil Burleson, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

Appellant was convicted of the offense of sodomy and his punishment assessed at confinement in the penitentiary for 15 years.

After trial, sentence, and notice of appeal to this Court, appellant was adjudged insane and committed to a State Hospital. Upon motion of appellant's counsel, all further proceedings in this Court were suspended and the cause was ordered retired from the docket until it should be properly shown that appellant had...

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