I asked what game you play, because patch info. Latest patch done for the Legend was november 2008 as i mentioned, and that is long ago in digital world
So nothing changed in game files since then.
As for crit hit, only normal attacks can make it. Special unit abilities can only make dmg listed in description of that skill. So no crit for smashing blow.
I`m not sure but think in WotN there is crit% for special abilities and spells.
Any way have fun with the Legend, and if interested check this mod for it. I had great fun playing it :
http://forum.1cpublishing.eu/showthread.php?t=29080 link for download , and link for description of mod and changes just to see if you`ll like it
http://forum.1cpublishing.eu/showthread.php?t=27802