Arriola v. State

OPINION

BUSSEY, Judge:

Appellant, Joseph R. Arriola, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court, Comanche County, Case No. CRF-72-244, for the offense of Burglary in the First Degree; his punishment was fixed at nine (9) years imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court.

At the trial, Karen Merritt testified that on January 30, 1972, she lived at 1115 Osmun in Lawton with her two minor children ; that at approximately 3 :30 a. m. she was awakened by a hand on her shoulder and a gun pointed…