Caballero v. State

DICE, Judge.

Appellant Robert Caballero and four co-indictees were jointly charged by indictment with the offense of robbery with firearms. Upon being granted a severance, appellant and his co-indictee, Joe Gallegos, were tried separately. Appellant entered a plea of not guilty and Gallegos entered a plea of guilty.

From a judgment of conviction for robbery by assault, with punishment assessed at confinement in the penitentiary for 10 years, appellant brings this appeal.

George Owens, the injured party, who was a service station attendant for the Key Oil Company in the City of Houston, testified…