Donahoo v. State

MORRISON, Presiding Judge.

The offense is robbery; the punishment, 5 years.

This case is an outgrowth of Ex parte Donahoo, 166 Cr. Rep. 625, 317 S.W. 2d 744. There, we ordered this appellant released from confinement in the penitentiary and delivered to the sheriff of Dallam County to answer to this indictment.

On the present trial, it was shown that the injured party had died since the original trial and that at such trial he had identified the appellant as the person who had entered the filling station where he was employed and had at gun point taken the money from the cash register.

*117Appellant,…