SMITH v. STATE

No. 66448.

721 S.W.2d 844 (1986)

Lindsey Monroe SMITH, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 22, 1986.


Attorney(s) appearing for the Case

David Botsford, Austin, Emmett Colvin, Dallas, for appellant.

Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION

McCORMICK, Judge.

A jury found appellant guilty of murder and assessed his punishment at seventy-five years.

Evidence adduced at trial showed that the victim was shot and killed by appellant at approximately 2:00 p.m. on May 31, 1979. His body was found by law enforcement authorities an hour or two later, tied to a metal feed trough which had been anchored in the bottom of a deep hole in a creek. Appellant's theory at trial was that he had...

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