Lydia v. State

486 S.W.2d 791 (1972)

Roy LYDIA, Appellant,

v.

The STATE of Texas, Appellee.

No. 45260.

Court of Criminal Appeals of Texas.

November 15, 1972.

James P. Finstrom, Dallas, for appellant.

Henry Wade, Dist. Atty., W. T. Westmoreland, Jr., Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Robert A. Huttash, State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of assault with intent to rob; punishment was assessed at ten years. (Jones v. State, Tex.Cr.App., 481 S.W.2d 833, is a companion case.)

Rufus Hines testified that on April 17, 1970, as…