Gill v. State

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for robbery by assault. Punishment was assessed by the jury at twenty-five years.

The record reflects that Mrs. Billie Mae Daniel identified appellant as the person who, on April 16, 1970, entered the Toot ’n Totum Store No. 21, in Amarillo, where she was employed, exhibited a pistol and said, “This is a stick-up.” Witness Daniel further testified, as a result of appellant’s actions, she was placed in fear of life and bodily injury and gave appellant $82.70 out of the store’s cash drawer.

At the outset, appellant contends that the…