Jenkins v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery by assault, enhanced under the provisions of Art. 62 of the Vernon’s Ann. Penal Code; trial was before a jury and the court assessed the mandatory punishment of life.

The evidence viewed most favorably to the jury’s verdict shows that while Artie R. Ewing, Jr., was stopped at a red light on Lancaster Road in Fort Worth on November 8, 1969, at about 10 p. m., the appellant, reaching through the open window, stuck a gun in Ewing’s left temple and demanded his money, so Ewing gave the appellant his billfold. The appellant then…