Cumby v. State

BELCHER, Commissioner.

The conviction is for assault with intent to rob; the punishment, two years.

William L. Cook testified that on closing his grocery store about 9:35 p. m., February 25, which was well lighted in front by a light from the store and a large yard light next door, the appellant, with his hands down by his side and facing the lights approached him and said, “Give me the money,” or “Give me that sack”; that on telling the appellant to “Go on,” the appellant raised a gun, and he (Cook) swung at him with a money sack but did not hit him, and the appellant shot him three times;…