Frazier v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery. Upon a plea of not guilty, appellant was convicted by a jury which assessed punishment at five years’ imprisonment.

Appellant urges that the court erred in failing to include in its charge an instruction on the law of circumstantial evidence. We agree and reverse the judgment of conviction.

The record reflects that on March 29, 1976, at approximately 3:45 p. m., Louise Mireles was robbed while on duty as a store clerk at the Qik-N-Eze drive-in grocery in El Paso. Mireles testified that at the robber’s command she placed in a…