Cavett v. State

OPINION

McCLOUD, Commissioner.

This is an appeal from a conviction for robbery by assault. Punishment was assessed at thirty-five (35) years. The sufficiency of the evidence is challenged.

The record reflects that around 6:00 a. m. on July 19, 1972, the complaining witness, who lived alone and was manager of an apartment complex, was awakened by a noise in her studio apartment. She went downstairs armed with a .22 pistol and saw a man she later identified as Eugene De-mouchette in the apartment office. The apartment had a business office on the downstairs floor. Demouchette pointed a shotgun at…