State v. Sanders

EAGER, Presiding Judge.

Defendant was convicted by a jury of first degree robbery. The punishment assessed by the jury was the minimum of five years in the penitentiary, and the court thereafter sentenced defendant to such a term. He has appealed, after an unavailing motion for a new trial. A brief has been filed here on defendant’s behalf. A short summary of the evidence will suffice, as the sufficiency of the evidence is not questioned.

The State’s evidence reasonably showed these facts: that two Negro men came up to the window or counter of the “Dairi-Swirl” at 1701i/> East Ninth Street in…