LONGORIA v. STATE

No. 37132.

384 S.W.2d 877 (1964)

Benny LONGORIA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 6, 1965.


Attorney(s) appearing for the Case

Henry Tirey, Dallas (on appeal only), Joe McNicholas, Dallas (on appeal only), for appellant.

Bruce Allen, County Atty., Tom Crum, Asst. County Atty., Waxahachie, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The appellant was convicted for murder and his punishment was assessed at death.

The testimony of the state reveals that the appellant, while driving his automobile along a rural road, signaled for Elmo Rogers and his wife, Barbara, to stop their jeep, then at gun point and with threats to kill them he made them get in his car, and as Elmo drove, appellant told them he was going to Rocket to rob a store. He directed Elmo to stop the...

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