RAINEY v. STATE

No. 39138.

401 S.W.2d 606 (1966)

Tony Lee RAINEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 4, 1966.


Attorney(s) appearing for the Case

Tom Upchurch, Jr., Amarillo, for appellant.

Dee D. Miller, Patrick H. Mulloy, Jr., Asst. Dist. Atty., Amarillo, and Leon B. Douglas, State's Atty., Austin, for the State.


McDONALD, Presiding Judge.

The offense is assault with intent to rob; the punishment, five years confinement in the Texas Department of Corrections.

The corpus delicti was established through the testimony of the complaining witness, Sallie Ellis, and her husband, L. H. Ellis. Their testimony shows that two colored men entered their home in Potter County on the pretext of using the telephone, at about 10:25 p. m., on May 25, 1965. After the men were admitted...

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