SMITH v. STATE

No. 43283.

460 S.W.2d 143 (1970)

Jimmy Lee SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 2, 1970.


Attorney(s) appearing for the Case

Abney & Burleson by James A. Mills, Jr., Dallas (On Appeal Only), for appellant.

Frank Coffey, Dist. Atty., Truman Power, Clayton E. Evans, Roland H. Hill, Jr. and Roger W. Crampton, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.


DOUGLAS, Judge.

OPINION

This is an appeal from a conviction for murder with malice. The punishment was assessed by the jury at fifteen years.

The evidence shows that on the 9th day of November, 1968, the appellant and Joe Don Chambers had an argument in Tank's Bar in Fort Worth. Appellant left, returned, shot and killed Chambers with a.22 caliber rifle. The sufficiency of the evidence is not challenged.

Appellant's sole complaint is that...

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