Phillips v. State

OPINION

QUENTIN KEITH, Commissioner.

Appellant was indicted for robbery by assault and convicted by a jury which set his punishment at 99 years’ imprisonment.

Early in the morning- of March 7, 1973, a man entered the grocery store of Eldon H. Maney in the City of Odessa. He had a snub-nosed pistol in his hand which he aimed at Mr. Maney. Although Maney testified that no words were spoken at the time he “knew” that it was a robbery and the man with the pistol wanted his money. He went to the cash register, took out the contents of the machine (about $350) and handed it to the robber. Maney was…