
    Ex parte SMITH.
    No. 19642.
    Court of Criminal Appeals of Texas.
    Feb. 16, 1938.
    R. E. Eubank, of Paris, and C. C. McKinney, of Cooper, for appellant.
    Lloyd W. Davidson, State’s Atty.,- .of Austin, for the State.
   GRAVES, Judge.

This is a companion case to Ex parte S. C. Scales, Tex.Cr.App., 113 S.W.2d 912, opinion this day handed down. The facts herein show the killing of a man named Frank Moody, and the statement of the relator evidences his criminal connection therewith, a.nd in our opinion the proof is evident that a capital offense has been com-’ mitted, leading a well-guarded and • dispassionate judgment to the conclusion that the accused is the guilty agent; and that he would probably be punished capitally if the law is administered. See Ex parte Peddy, 118 Tex.Cr.R. 175, 42 S.W.2d 605.

The judgment of the trial court is affirmed.  