Wagner v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction of robbery by assault. The trial was to a jury with punishment assessed by the court at five years.

The state’s evidence shows that at about noon on May 17, 1969, the victim, Albert Rico, a Navajo Indian, went to the Tex-homa Lounge in Dallas, Texas, where the appellant and his co-indictee, Curtis Ray Birmingham, were drinking beer and playing pool. Rico began talking to Birmingham, and Birmingham asked Rico to buy him a beer, which he did. Rico had been paid the day before and had about $50 with him. Rico left the bar in the early…