MIXON v. STATE

No. 35106.

365 S.W.2d 364 (1963)

Lindy Q. MIXON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 20, 1963.

Second Rehearing Denied March 20, 1963.


Attorney(s) appearing for the Case

Lindy Q. Mixon, appellant, pro se.

Jack Tidwell, Dist. Atty., Mike Berry, Asst. Dist. Atty., Odessa, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is burglary of a private residence at night, with two prior convictions of felonies less than capital alleged for enhancement; the punishment, life.

Kenneth Smith and his wife went to sleep in their apartment in Odessa on the night in question; he was awakened during the night and discovered appellant, without his shoes, in the next room; Smith told his wife to call the police, and appellant attempted to flee. After Smith caught...

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