Nixon v. State

OPINION

McDONALD, Presiding Judge.

The offense is Assault to Murder; the punishment, twenty-five years in the Texas Department of Corrections.

The record reflects that Mr. and Mrs. Eddie Rogers had experienced a burglary at their residence on the night of June 6, 1964, and that Mrs. Rogers was awakened the following night by a noise, and saw someone outside a bedroom window. She awakened her husband, who, carrying a pistol, went to the window and noted that the screen had been removed. Mr. Rogers remained by the window, and presently he saw an unidentified figure place his hands on the window…