Smitham v. State

Court of Criminal Appeals of Texas
Smitham v. State, 87 S.W.2d 724 (Tex. Crim. App. 1935)
129 Tex. Crim. 473; 1935 Tex. Crim. App. LEXIS 529
Lattimore, Morrow

Smitham v. State

Opinion of the Court

LATTIMORE, Judge.

Conviction for robbery; punishment, five years in the penitentiary.

This is a companion case to cause No. 17756, Earl Bryant v. State, opinion this day handed down (Reported on page 438 of this volume). The records are practically identical, both in the testimony and in the special charges asked, the one bill of exception presented, and the complaints therein made. For the reasons set forth in the opinion in Bryant v. State, supra, the judgment in the instant case will be also affirmed.

Affirmed.

Addendum

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

The motion for rehearing is based upon the same legal proposition as that in the companion case of Bryant v. State, No. 17,756 (Reported on page *474 438 of this volume). The remarks made in the Bryant case are deemed applicable to the present.

The motion is overruled.

Overruled.

Reference

Full Case Name
Nick Smitham v. the State
Cited By
2 cases
Status
Published