Smith v. State

DAVIDSON, Judge.

The offense is robbery; the punishment, five years’ confinement in the penitentiary.

The witness Russell testified that he was a night attendant at a service station located on the left hand side of Highway 183 as one proceeds from Fort Worth to Dallas, and that shortly before one o’clock on the morning in question two men approached his station on foot and asked for a can of gasoline. He stated that as he turned to get the can one of the men “stuck some object” in his back and told him that “this was a stick up,” and marched him in the back room, ordered him to lie on the…