Pittman v. State

OPINION

WOODLEY, Presiding Judge.

The offense is robbery; the punishment, 10 years.

The prosecuting witness and a liquor salesman positively identified appellant as the robber who, at about 8 P.M., at pistol point demanded and received the money in the cash register in a liquor store owned by the prosecuting witness.

Appellant’s first two grounds of error complain that the court erred in overruling his motion for mistrial because counsel for the state exhibited before the jury a pistol which was never admitted in evidence.

Appellant concedes in his brief that under the settled law of this state…