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SMITH v. STATE

No. 47872.

502 S.W.2d 814 (1973)

Clay Jack SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 19, 1973.

Attorney(s) appearing for the Case

J. L. Phinney, II, Burleson, for appellant.

Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

JACKSON, Commissioner.

The conviction was for murder with malice in a plea of not guilty; the punishment fixed by the jury was life.

The indictment alleged that appellant voluntarily and with malice aforethought killed Norma Jean Smith on March 13, 1972, by shooting her with a gun. Norma Jean Smith was his wife.

A preliminary trial before a jury was held on November 13, 1972, and appellant was found to be sane and capable of standing...

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