Davis v. State

Graves, Judge.

Appellant was charged with the offense of robbery with firearms, and upon conviction was assessed a penalty of five years in the penitentiary.

The testimony of the State shows a scheme between some three parties to place the prosecuting witness in such a position that he would have on his person $800.00 in money, and then when such persons were present in a hotel room with the witness to take such money from him upon presentation of a pistol in what witness termed “a hold-up.”

Appellant’s contention was that they won such $800.00 from the prosecuting witness in a poker game, and…