Simmons v. State

HARWOOD, Presiding Judge.

This appellant has been found guilty of wilfully exploding dynamite at or under the dwelling house of Roland Spann, in which there was a human being.

The evidence presented by the State tended to show that at approximately 3:30 A.M. on the morning of 16 August 1955 dynamite was exploded under the house of Roland Spann. Mr. Spann, his wife, and twelve year old son were asleep in the house at the time.

The floor above the blast was knocked up about two inches, and a hole about three inches deep was blown in the ground.

Mr. Spann, after daylight, observed some barefoot…