Dellinger v. State

CHRISTIAN, Judge.

Appellant was convicted of the offense of assaulting Adolpho Esqubiel, in concert with two others, while he (appellant) and his companions were masked. The punishment was assessed at confinement in the penitentiary for twenty-five years.

Adolpho Esqubiel was in his home at night when appellant and two companions, with masks covering their faces, forcibly entered the room in which he, his wife and small children were asleep. Appellant shot at Esqubiel with a pistol and he and his companions beat him, dragged him from his family and carried him into the State of New Mexico,…