Barber v. State

ON MOTION FOR REHEARING.

MORRISON, Judge.

Appellant’s able attorney has urged that we differentiate the case at bar from the holding in several prior cases of robbery wherein we held the facts to be insufficient to support a conviction. In view of the forceful manner in which he urges his motion for rehearing, we shall attempt to do so.

In Peebles v. State, 138 Tex. Cr. R. 53, 134 S. W. 2d 298, the alleged robbery occurred on a crowded street corner in broad daylight, where the slightest outcry would, in all probability, have brought assistance. In that case, there was no weapon exhibited; in…