Curtis v. State

WOODLEY, Judge.

OPINION

The appeal is from a conviction for robbery by assault of Dan Reed Ellis, Jr. committed in the early morning hours of September 11, 1965, at the service station operated by the complainant Ellis, in the Northeast part of Houston. The appeal did not reach this court until September 30, 1969.

Trial was before a jury on a plea of not guilty. The punishment was assessed by the court at 35 years in the penitentiary.

The complainant’s wife, seated in their automobile, witnessed the robbery of her husband which extended over a period of some 15 minutes, and testifying before the…