DIMERY v. STATE

No. 25196.

240 S.W.2d 293 (1951)

DIMERY v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied June 13, 1951.


Attorney(s) appearing for the Case

Brian Montague, Del Rio, Will A. Morriss, Jr., San Antonio, amicus curiae, for appellant.

Harvey L. Hardy, Acting Criminal Dist. Atty., M. C. Gonzales, Asst. Crim. Dist. Atty., San Antonio, amicus curiae.

George P. Blackburn, State's Atty., of Austin, for the State.


GRAVES, Presiding Judge.

The conviction is for the nighttime burglary of the residence of D. R. (Donald) Stallknecht, Jr., with intent to commit theft; the punishment was assessed at five years in the penitentiary.

In the early hours of October 16, 1949, Mrs. Stallknecht was awakened in her bed by the breathing of someone leaning over her. Her scream awakened her husband, who got his gun and repeatedly fired at the intruder as he fled from the house. Neither...

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