BENTON v. STATE

No. 28957.

302 S.W.2d 138 (1957)

Roy BENTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 15, 1957.


Attorney(s) appearing for the Case

Murray J. Howze, Monahans, for appelant.

Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Presiding Judge.

The offense is burglary; the punishment, two years.

The witness White testified that he left home about noon on the day charged in the indictment and the doors to his house were closed, that his wife operated a store across the driveway from his house, and as far as he knew she was at the store all afternoon. He stated that he returned home at 5:30 and found the appellant in his kitchen, that the appellant had his toaster in his...

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