Elizaldi v. State

OPINION

ROBERTS, Judge.

Conviction was for the offense of robbery by firearms; punishment was assessed by the jury at ten years’ imprisonment.

Appellant’s first ground urges that it was error to deny his requested charge on circumstantial evidence.

The record reflects that on the night of February 3, 1973, the appellant was positively identified as the man robbing the deceased in his grocery store. Guadalupe Espinoza, wife of the deceased, saw the accused in front of the counter with her husband. Her testimony reflects that shortly afterwards, while in the back room, she heard the appellant…