Terrell v. State

Mahshall, Judge.

Appellant was indicted, tried and convicted of the crime of burglary. He was sentenced to serve ten years in the penitentiary. He brings this appeal to that trial and conviction, enumerating seven alleged errors. Held:

1. The first three enumerations of error deal with the allegedly erroneous admission of hearsay evidence. The facts reflect that the home-owner-victim was awakened at about 1:30 a.m. by noises in his home. He then apprehended one of the burglars with a pistol and ordered him to tell his companions, who were in another room, to leave. The burglar called out words…