Stephens v. State

Banke, Judge.

Appellant Stephens and two co-defendants were tried by jury and convicted of seven counts of armed robbery. The following facts were established by the state’s evidence. The appellant and one of his co-defendants entered a cafe about 8:30 p.m. on December 17, 1982, and remained there 15 or 20 minutes drinking beer and playing records. After asking for a particular brand of cigarettes which was not in the machine, the co-defendant then left and returned five minutes later with a sawed-off shotgun in each hand. He tossed one of the weapons to appellant and announced, “This is a…