Ayres v. State

BERRY, Judge.

The offense is robbery,' and the ' punishment is six years in the penitentiary.

One of the principal witnesses for the state was the divorced wife of Dick Toland, appellant’s co-defendant in this case. The record discloses that the witness was married to Dick Toland at the time the offense is alleged to have been committed, and that she was later divorced from the said Toland and was at the time of the trial married to another person. The record further discloses, however, that Toland had already been tried for this particular offense and was at the date of this trial serving his…