Jolly v. State

MORROW, Judge.

The conviction is for burglary, and punishment fixed at twenty-five years confinement in the penitentiary.

The indictment is drawn under Article 1316, Penal Code, which enhances the punishment for burglary with explosives, the charge being that the entry was to murder M. E. Stegall, and that nitroglycerine, gunpowder, and dynamite were used. Stegall lived in a room in a hotel, and some explosive was placed on one of the sills with a fuse attached, and an explosion took place. It was the state’s theory that the appellant and one Simpson and one Coffey were conspirators, and acted…