Pyeatt v. State

OPINION

ODOM, Judge.

This is an appeal from conviction for the offense of robbery by assault. The punishment was assessed by a jury at 5 years confinement in the State Department of Corrections.

The state’s evidence reveals that appellant went to a service station in Monahans at approximately 4:30 A.M. on June 22, 1968; that he struck the attendant over the head with a tire tool; that the attendant ran to a nearby restaurant and called the police; that when the attendant returned to the station the cash register was gone and coins were “distributed among the driveway.”

Appellant’s first ground of…