Gilmore v. State

OPINION

GREEN, Commissioner.

The appeal is from a conviction of robbery by assault. The punishment was assessed at ten years.

The record reflects that at about 5:00 P.M., on January 3, 1970, three men entered the grocery store of John Pizzo in Houston and robbed Pizzo of approximately $200.00. One of the robbers, identified by Pizzo and his wife and other witnesses as the appellant, exhibited a pistol and stated: “God damn. It’s a stick up. Don’t move. I’ll kill you.”

Appellant testified, denying that he committed the robbery or had anything to do with it. He said the witnesses were mistaken in…