ROGERS v. STATE

No. 25108.

236 S.W.2d 141 (1951)

ROGERS v. STATE.

Court of Criminal Appeals of Texas.

January 31, 1951.


Attorney(s) appearing for the Case

Mac Wassell, R. B. Snell and J. H. Splawn, Jr., all of Lamesa, for appellant.

W. C. Huffaker, Jr., Sp. Pros., Tahoka, George P. Blackburn, State's Atty., of Austin, for the State.


DAVIDSON, Commissioner.

Deceased, a popular and highly respected policeman of the City of Lamesa, met his death while in the performance of his duty as a peace officer by being beaten to death with his own pistol.

Appellant has been convicted of the murder, with punishment assessed at death.

It was the theory of the state that deceased apprehended appellant in the act of committing, or just after he had committed, the crime of burglary, and that the...

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