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JOHNSON v. STATE

No. 31122.

332 S.W.2d 709 (1960)

John Edward JOHNSON, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 10, 1960.

Attorney(s) appearing for the Case

Duke Taylor, Jr., Bill F. Griffin, Jr., Center, for appellant.

Fred Hudson, Jr., Dist. Atty., Center, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for burglary of a private residence at night with the intent to commit theft; the punishment, ten years.

The testimony of Mrs. Sapp, the sole occupant of a private residence in Timpson, Shelby County, shows that at 1:15 A.M., July 25, 1958, she was awakened by a person who had by force and without her consent entered her house through a window, that as she leaped from her bed he attacked her with a knife and she began...

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