Stewart v. State

BOWEN W. SIMMONS, Retired Circuit Judge.

Indictment for burglary of an inhabited dwelling house. Judgment of guilt with punishment fixed at ten years imprisonment. Appellant was an indigent at nisi prius and here with different appointed counsel.

The burglary occurred about 3:00 A.M. on October 20, 1975, at which time the sole occupant of the house, Wilma Matthews, was attracted by a noise at the back door, to which she went for an investigation. Someone wanted to get in. She retreated to the bathroom, entered and locked the door. She called police who responded forthwith to investigate. The…