Terry v. State

OPINION

MORRISON, Judge.

The offense is robbery by assault with a prior conviction for an offense of the same nature alleged for enhancement; the punishment, life.

The record reflects that two men robbed Nat Johnson after he left a Dallas County cafe. Two witnesses identified the appellant as one of the men who followed the victim out of the cafe and robbed him. Violen Elmo, Jr., 1 appellant’s co-defendant, testified that he committed the robbery and that the appellant was not present.

Appellant’s ground of error number one is that the State, in violation of the Court’s earlier ruling granting…