Earl v. State

Appellant Bennie L. Earl and his co-indictee B. W. Cameron were jointly charged by indictment with the offense of burglary.

Upon the granting of a severance, appellant was separately tried and convicted, and his punishment assessed at six years in the penitentiary.

The state’s proof shows that Judge John F. Sutton, the injured party, owned a ranch located seventeen miles north of the city of San Angelo in Tom Green County. The ranch was leased to Otho Drake for grazing, with possession of the ranch house reserved by Judge Sutton.

On the morning of April 13, 1960, Drake drove to the ranch around…