SMITH v. STATE

No. 40547.

418 S.W.2d 683 (1967)

Charles Ray SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 11, 1967.


Attorney(s) appearing for the Case

Don Metcalfe, James B. Zimmerman, Dallas, for appellant.

Henry Wade, Dist. Atty., Robert Stenson, John Stauffer and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is murder with malice; the punishment, 99 years.

The sufficiency of the evidence to sustain the conviction is not challenged and a recitation of the facts adduced will not be undertaken other than to assert that the defense of self-defense was interposed and was by the jury rejected. A motion for probation was made and submitted to the jury in the court's charge.

Appellant's first grounds of error relate...

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