Livingston v. State

KRUEGER, Judge.

The offense is robbery. The punishment assessed is confinement in the state penitentiary for a term of five years.

The indictment contained two counts the first of which charged that the accused committed the offense by the use of firearms, a pistol. In the second count, it was charged that he committed the offense by an assault and by violence and by putting the said Joe Gardner in fear of life and bodily injury. The court submitted the case to the jury on the first count.

The statement of facts shows that appellant, Lewis Davis, and Joe Gardner, the injured party, engaged in a…