Ellsworth v. State

LATTIMORE, Judge.

— Appellant was convicted in the District Court of Bastrop County of robbery and appeals from a judgment giving him five years in the penitentiary.

There are numerous bills of exception in the record, none of which present reversible error save such as are herein discussed.

On the night of the alleged robbery a crap game was in progress in a building in the town of Smithville, Bastrop County. There appear to have been ten or fifteen men present and participating, among whom was appellant. The door opened and a masked man entered, flourished a pistol and ordered hands up. State…