Hines v. State
Texas Court of Criminal Appeals
458 S.W.2d 666 (1970)
- Written by Carolyn Strutton, JD
Facts
E. L. Flynt was in his garage in his yard after midnight when he heard someone open and close the fence gate leading into his yard. Flynt went to the garage door and saw a man standing at the back door of Flynt’s house, with his hand on the door handle, looking through the door into the house. Flynt turned the backyard light on, startling the man, who ran to the fence, jumped over it, and fled. Flynt later identified Merlon Hines (defendant) in a one-man lineup identification. Hines was charged and convicted of attempted burglary. Upon Hines’s appeal, the court of criminal appeals found that the evidence was insufficient to support the conviction, reversed the judgment, and remanded the case. The prosecution (plaintiff) filed a motion for rehearing, which was granted by the court.
Rule of Law
Issue
Holding and Reasoning (Douglas, J.)
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