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SMITH v. STATE

No. 33876.

353 S.W.2d 456 (1962)

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

Court of Criminal Appeals of Texas.

January 3, 1962.

Attorney(s) appearing for the Case

W. E. Martin, Chas. F. Tucker, Houston, for appellant.

Frank Briscoe, Dist. Atty., Samuel H. Robertson, Jr., Erwin G. Ernst, Asst. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

McDONALD, Judge.

The offense is murder with malice, with punishment of life confinement in the penitentiary as a second offender.

When this case was previously before this Court, it was reversed for jury misconduct. It is reported in Tex.Cr.App., 333 S.W.2d 385.

Following the reversal of this case, the appellant was re-indicted, alleging in addition to the primary offense a prior conviction for murder in Louisiana...

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