Bybee v. State

MORROW, Presiding Judge.

The offense is robbery; penalty assessed at death.

The subject of the robbery is Ernest Slape, whose testimony is summarized as follows: While Slape was sitting at his house, the appellant appeared with two pistols, one in each hand. He entered the door and said: “You are the guy we want; get out of here. You get out of here, or I’ll knock you in the head with one of these guns.”

When first ordered to get out, Slape hesitated. The appellant’s brother, who was with him, was also armed with and exhibited a pistol. After running a short distance, Slape was shot between the…