Fitzsimmons v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery by assault; the appellant pleaded guilty before a jury, which assessed punishment at 100 years.

The indictment alleged that on July 18, 1969, the appellant committed an assault upon Francis Campbell and robbed her of $5,238. Willie Francis Campbell was a teller for the Mercantile National Bank of Dallas. She testified that on the day in question, the appellant walked up to her window and handed her a note which read, “You won’t be hurt, all the paper money in the drawer, I have a loaded gun.” He put his hand inside his coat…