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NIXON v. STATE

No. 39720.

406 S.W.2d 445 (1966)

Nathaniel NIXON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 5, 1966.

Attorney(s) appearing for the Case

Ogg, Merrill & Turner, by Joe E. Turner, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Frank Puckett, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

McDONALD, Presiding Judge.

The offense is Assault to Murder; the punishment, twenty-five years in the Texas Department of Corrections.

The record reflects that Mr. and Mrs. Eddie Rogers had experienced a burglary at their residence on the night of June 6, 1964, and that Mrs. Rogers was awakened the following night by a noise, and saw someone outside a bedroom window. She awakened her husband, who, carrying a pistol, went to the window and...

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