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MERWIN v. STATE

No. 34096.

355 S.W.2d 721 (1962)

Samuel E. MERWIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 14, 1962.

Attorney(s) appearing for the Case

Richard Bird, Childress, McCarthy, Carnahan, Fields & Haynes, Amarillo (George S. McCarthy, Amarillo, of counsel), for appellant.

John T. Forbis, Dist. Atty., Childress, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The conviction is for burglary; the punishment, two years.

The State's witness, Ruth Ware, operated a beauty shop in the City of Turkey in Hall County which was located in a building adjacent to a building occupied by the West Texas Utilities Company. On the night of March 10, 1961, the witness who lived in the back of the building heard a noise, around 1 A.M., coming from the Utility Company building which sounded like a hammer hitting...

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