Brunett v. State

CHRISTIAN, Judge.

The offense is conspiracy to rob; the punishment confinement in the penitentiary for five years.

Thomas Little entered the Boulevard Cafe in Houston, presented a pistol and ordered those present to hold up their hands. He directed one Hight, who was present, to open the cash register. Appellant was present at the time and, with others, obeyed the command “to put them up.” As Hight endeavored to open the register, the cook opened fire on Little from the kitchen. Little returned the fire. One of the shots fired by the cook struck Hight and he later died. One Clifton, who was…