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140 Tex. Crim. 565

136 S.W.2d 842

Smith v. State

Court of Criminal Appeals of Texas

Decided February 21, 1940

Court of Criminal Appeals of Texas · decided 1940-02-21

<p>The opinion states the case.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1940-02-21

How this case has been cited

Cited by 9 later decisions (2 by the Supreme Court) — most recently January 1992

7 state decisions

30194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1The judgment of conviction was affirmed on January 24, 1940. Motion for rehearing was overruled February 21, 1940. 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 and on November 24, 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.

¶2Therefore, 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.

¶3Accompanying 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.

¶4This the 8th day of January, 1941.

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