Russell v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for robbery by assault where the punishment was assessed at 25 years.

The appellant Russell was indicted with Ernest Howard Owens and Thomas Gene Morris for the robbery of one Bobby Moore on October 21, 1968, in Dallas County, Texas. The appellant and Owens were jointly tried.

The sufficiency of the evidence is not challenged. Suffice it to say the evidence reflects that at approximately 3:45 a. m. on the date in question Moore, the night manager of a Good Luck Service Station located in Dallas County, was robbed at gunpoint of…