Tunnell v. State

LATTIMORE, Judge.

Conviction in the District Court of Callahan County of robbery, punishment five years in the penitentiary.

Some parties were engaged in a crap game. According to the state’s contention one Anthony drew a pistol and ordered the others to throw up their hands. They complied. He then directed appellant to go through the crowd and get their money. Appellant did so. Appellant, Anthony and one Martin then left the scene in a car together, appellant driving the car.

Appellant moved to quash the indictment, which is in the usual form charging robbery by the use and display of a pistol.…