# Smart v. State

> Court of Criminal Appeals of Texas · June 9, 1937 · 133 Tex. Crim. 155

URL: https://www.frixlaw.com/law-library/cases/3950024

## Case

- **Full name:** W. A. Smart v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 9, 1937
- **Citations:** 133 Tex. Crim. 155; 109 S.W.2d 179; 1937 Tex. Crim. App. LEXIS 471
- **Precedential status:** Published
- **Opinion:** Dissent by Morrow
- **Judges:** Morrow, Hawkins, Lattimore
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3950024

## Opinion text

Morrow, P. J.
(dissenting).
Upon the facts set forth in the record, it is the opinion of the writer that it was the imperative duty of the court to grant the appellant’s motion for a change of venue. Because of the refusal of the trial court to do so, I am unwilling to assent to the affirmance of the judgment of conviction and therefore enter my dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3950024. Public record. Not legal advice.