Armstrong v. State

HAWKINS, Judge.

— Conviction is for robbery, punishment being assessed at five years in the penitentiary.

The indictment alleges that an assault was made upon E. F. Penn, and that by such assault and violence and by putting said Penn in fear of life and bodily injury there was taken from his possession “lawful money of the United States of America of the value of more than fifty dollars,” which was alleged to be the property of said Penn.

The evidence discloses that on the night of September 10th a robbery occurred at a place of business known as the “Hall Tire Company.” The witness Carlton…