LUTON v. STATE

No. 33632.

350 S.W.2d 853 (1961)

Leo Daniel LUTON, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 2, 1961.


Attorney(s) appearing for the Case

James H. Martin, Dallas (on appeal only) for appellant.

Henry Wade, Dist. Atty., and James K. Allen, Jerome V. Chamberlain, Jr., Frank W. Watts, George R. Milner, Jr., and Phil Burleson, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is murder; the punishment, death.

The witness Bryant testified that he and his wife were engaged in the operation of a grocery store on the night in question when appellant, in company with another man, entered the store holding handkerchiefs to their faces, brandishing pistols, and demanded the money from the cash register. Bryant testified that instead of complying he struck the nearest robber but appellant, who was farthest...

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