Owens v. State

KRUEGER, Judge.

At a former day of the preceding term of this court we dismissed the appeal in this case (No. 20,952) (139 Texas Crim. Rep, 138), because of a defective record. Since then the record has been perfected and refiled, giving the same style of the case but a different number, namely, No. 21,558; and it appears on the docket of this court as an entirely new case. Hence we will now dispose of this case on its merits.

The State’s testimony shows that on the 28th day of July, 1939, the Sheriff of Erath County, accompanied by two of his deputies, went to the appellant’s place of business…