Lane v. State

621 S.W.2d 172 (1981)

Michael Dean LANE, Appellant,

v.

The STATE of Texas, Appellee.

No. 63199.

Court of Criminal Appeals of Texas, Panel No. 3.

January 21, 1981.

Dissenting Opinion September 23, 1981.

James P. Finstrom, Dallas, for appellant.

Henry Wade, Dist. Atty., Stanley E. Keeton, Christopher Milner and Andy Anderson, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before ROBERTS and ODOM, JJ.

OPINION

ROBERTS, Judge.

In the early morning hours of October 28, 1978, Edward Hamilton was awakened by the odor of smoke and…