Futch v. State

DICE, Commissioner.

The conviction is for assault with intent to rob, with a prior conviction for an offense of like character alleged for enhancement; the punishment, ten years.

This is a companion case to McCutcheon v. State, Tex.Cr.App., 363 S.W.2d 457.

The state’s proof shows that the injured party, Ross Lewis, was a co-manager of a Henke & Pillot grocery store in the city of Houston. On the date alleged, Lewis went to the store around six o’clock, a. m., opened the front door, and entered with other employees who had reported for work. After they entered, two men, both of whom were wearing…