Pennington v. State

DICE, Commissioner.

The conviction is for robbery by assault; the punishment, confinement in the penitentiary for thirty years.

The case has been three times before this court on appeal from Nueces County, the judgment in each appeal having been reversed by opinions reported in Tex.Cr.App., 332 S.W.2d 569; Tex.Cr.App., 345 S.W.2d 527, and Tex.Cr.App., 353 S.W.2d 451.

The present appeal is from San Patricio County, trial being in the 36th Judicial District Court of that county upon a change of venue.

The state’s testimony shows that on the day in question the prosecuting witness, Robert Doyle…