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JENKINS v. STATE

No. 28836.

299 S.W.2d 946 (1957)

Wesley T. JENKINS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 20, 1957.

Attorney(s) appearing for the Case

Bill M. Dickson, Houston, for appellant.

Dan Walton, Dist. Atty., Lee P. Ward, Jr. and Thomas D. White, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

Appellant was convicted of the offense of burglary by the discharge of firearm into the house of J. C. Stacy with intent to kill Dewey Speegle, a person therein; and his punishment was assessed at three years in the penitentiary.

While the evidence is conflicting, it is sufficient to support a finding by the jury that appellant was in the business house of J. C. Stacy about 9:30 or 10 p. m., in company with his wife, and as he left made a statement...

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