Simmons v. State

OPINION

GREEN, Commissioner.

This appeal is from a conviction of murder with malice. Punishment was assessed at ninety-nine (99) years and a day.

The record reflects that on August 2, 1971, during the afternoon, the home of Mrs. Margaret Cook in Houston was burglarized. The next morning, Mrs. Cook left her home at about 9:00 A.M., leaving her daughter Martha, 16 years old, asleep in bed. The doors were locked when Mrs. Cook left the house. At about 12:15 P.M., Mrs. Cook returned to her home. She found the utility room door unlocked, the phone off the hook, the television set gone, the sheets…