Smith v. State

MORRISON, Judge.

The offense is robbery by assault; the punishment, five years in the penitentiary.

Appellant and one Robertson were jointly indicted; Robertson moved to sever, and appellant was put to trial first.

The injured party, Parrack, and his companion, Stafford, were returning from Oklahoma at night when a car containing Robertson and appellant came alongside and called out, “Pull over, I want to see you.”

When the vehicle came to a stop, Robertson and Parrack alone got out. Robertson claimed that Parrack had caused his truck to collide with Robertson’s automobile and made a demand for…