Smith v. State

Court of Criminal Appeals of Texas

Smith v. State

147 S.W.2d 1118

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 8, 1941

DocketNo. 20,768

StatusPublished

Cited by4 cases

This text of 147 S.W.2d 1118 (Smith v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. State, 147 S.W.2d 1118 (Tex. 1941).

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Opinion

HAWKINS, Presiding Judge.

The judgment of conviction was affirmed on January 24, 1940. Motion for rehearing was overruled February 21, 1940. Tex.Cr.App., 136 S.W.2d 842. Appellant made application to the Supreme Court of the United States for writ of certiorari to review the action of this court. The writ was granted, 309 U.S. 651, 60 S.Ct. 891, 84 L.Ed. 1001, and on November 25, 1940 the Supreme Court of the United States reversed the judgment of this court and remanded said cause for further proceedings not inconsistent with the opinion of said Supreme Court of the United States. 61 S.Ct. 164, 85 L.Ed. -.

Therefore, in compliance with said opinion this cause is remanded to the trial court for further proceeding in said cause, as may be consistent with the opinion of the Supreme Court of the United States.

Accompanying this order, and made a part thereof, is a certified copy of the mandate from the Supreme Court of the United States, now on file as a part of the record in this cause.

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HAWKINS, Presiding Judge.

The judgment of conviction was affirmed on January 24, 1940. Motion for rehearing was overruled February 21, 1940. Tex.Cr.App., 136 S.W.2d 842. Appellant made application to the Supreme Court of the United States for writ of certiorari to review the action of this court. The writ was granted, 309 U.S. 651, 60 S.Ct. 891, 84 L.Ed. 1001, and on November 25, 1940 the Supreme Court of the United States reversed the judgment of this court and remanded said cause for further proceedings not inconsistent with the opinion of said Supreme Court of the United States. 61 S.Ct. 164, 85 L.Ed. -.

Therefore, in compliance with said opinion this cause is remanded to the trial court for further proceeding in said cause, as may be consistent with the opinion of the Supreme Court of the United States.

Accompanying this order, and made a part thereof, is a certified copy of the mandate from the Supreme Court of the United States, now on file as a part of the record in this cause.

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Bluebook (online)

147 S.W.2d 1118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-texcrimapp-1941.

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