[Download] "Herman Smith v. State" by The Supreme Court of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: Herman Smith v. State
- Author : The Supreme Court of Texas
- Release Date : January 21, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Arthur Lemons, witness for the state, testified that he spent the afternoon of the day of the shooting drinking wine and beer with Willie Louis (the deceased) and others (appellant was not present) at the residence of the deceased. About 6 p.m. Lemons went to his home two blocks away, ate, went to sleep and was awakened by the appellant who told him that the deceased was tearing up the place and abusing people and since he (Lemons) was a friend of the deceased Lemons should help restrain him. In response to the request Lemons went to the residence of Willie Louis, knocked on the door of his room, was asked who it was and he said, "Lemons -- I want to talk to you," then the deceased opened the door and struck Lemons on the head with a heavy object which cut a gash in his head. Lemons told the deceased he should not have hit him; nothing further was said and Lemons returned to his house at this time with appellant following him. Lemons further testified that after deceased struck him, he made up his mind to kill the deceased but did not at any time tell the appellant of such intent. Upon arriving at his house Lemons obtained his shotgun, placed three shells in it and returned to the residence of the deceased with appellant still following, but not a word was spoken between them. Lemons found the deceased in his room asleep, decided not to kill him, and placed the gun by the door. He went into deceaseds room and the appellant remained outside. After Lemons slapped the deceased and the deceased ran from the room, and while still in the room, Lemons heard a shot. After Lemons left the room he did not see the deceased, but saw the appellant standing holding the gun in his hand. Together they returned to the home of Lemons but neither said anything.