Smith v. State

225 S.W.2d 846 (1949)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Smith v. State

Texas Court of Criminal Appeals
225 S.W.2d 846 (1949)

KL

Facts

Smith (defendant) and a friend decided to rob a bus. They boarded a city bus one night, and Smith’s friend demanded that the driver, Leslie Gibbins, hand over his money. Smith pointed a gun at Gibbins, and Gibbins complied. Shortly after Gibbins surrendered his money, Smith shot him and ran away with his friend. Gibbins died, and Smith was charged with felony murder. Smith confessed to shooting Gibbins and testified that he did so accidentally after his friend bumped his arm, setting off the gun. Smith asked the judge to instruct the jury that he could be acquitted if it found that the gun had been accidentally discharged. The judge refused and instructed the jury that Smith could be punished for the felony he actually committed even if he did it by mistake while in the commission of another felony. Smith was found guilty and appealed.

Rule of Law

Issue

Holding and Reasoning (Graves, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 736,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 736,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 736,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership