Nunley v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery by assault; the jury assessed the punishment at five years.

The indictment alleged that the appellant and Thomas Lee Mitchell, Jr., committed the robbery by assault upon Consteen Johnson on July 3, 1969. They were tried together, and both were convicted.

Consteen Johnson testified that on the day in question he was a cab driver in the city of Houston. The appellant and Mitchell entered his cab and asked to be taken to the Third Ward. When they got there, he told them the fare was $1.40. They told him they only had a dollar,…