Herring v. State

OPINION

ONION, Judge.

The offense is robbery by assault; the punishment, assessed by the jury, 10 years’ confinement in the Texas Department of Corrections.

The sufficiency of the evidence is not challenged. A recital of the facts is therefore not deemed essential. Suffice it to say, the State’s evidence reflects a 4 a.m. robbery at gunpoint of Larry Hilburn, the lone attendant at a Mobil Service Station on U.S. Highway 66 in McLean, Gray County, Texas, of $107.75 by the appellant and his companion on August 24, 1967. Approximately an hour and twenty minutes later appellant and his companion…