Potett v. State

MORROW, Presiding Judge. —

The conviction is for robbery; penalty assessed at confinement in the penitentiary for five years.

The alleged injured party was Mrs. Gladys Mayatt. Her testimony and that of others who were present at the time, if true, leaves no doubt that she was robbed and that appellant was one of the offenders.

The appellant did not testify but through his witnesses presented the theory of alibi. Apparently the defense is based upon the contention that the prosecuting witness fixed the date of the offense as Sunday, June 27,1932. The controverting testimony is that of the sister…