Bacon v. State

OPINION

JACKSON, Commissioner.

The offense is robbery by assault; the punishment, as assessed by the jury, fifteen (IS) years.

The sufficiency of the evidence is not contested.

On June 18, 1971, the manager at Au-try’s Drive-in Grocery in Dallas was robbed of approximately $423 by two men wearing blond wigs. The holdup was witnessed by a number of individuals including two that positively identified appellant at the trial as one of the bandits involved.

Prior to the trial on the merits, appellant asked for and was granted a Martinez type hearing to determine if any of the eye witnesses’…