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LOWE v. STATE

No. 28283.

294 S.W.2d 394 (1956)

E. R. LOWE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 10, 1956.

Attorney(s) appearing for the Case

McDonald & Anderson, by C. C. McDonald, Wichita Falls, for appellant.

Royce Adkins, Dist. Atty., Haskell, Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for burglary; the punishment, two years in the penitentiary.

Durene Boone who resided on a farm 2½ miles from the town of Haskell with her husband, Nord Boone, and their daughter, Jo Nord Boone, age 11, was called as a witness by the state. She testified that about 3 P.M., June 17, 1955, she heard the sound of a car horn, went to the back door, found the screen door closed and locked and the wooden door with three...

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