SUMMERS v. STATE

No. 30183.

318 S.W.2d 661 (1958)

Donald SUMMERS, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 17, 1958.


Attorney(s) appearing for the Case

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


MORRISON, Presiding Judge.

The offense is assault with intent to murder; the punishment, 15 years.

The appellant, one Mulkey, and one Nolan were prisoners in the Bexar County jail and were subpoenaed as witnesses in the trial of a criminal case against one Green in Hays County. They were transported to the trial by Officers Maltsberger and Lobello. On the way back to San Antonio, and after they had entered Bexar County on the night in question, the three prisoners...

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