Thornton v. State

OPINION

DOUGLAS, Judge.

The conviction is for robbery by assault; the punishment eighty-five years. Appellant was tried jointly with Walter Thomas, Jr., our Cause No. 41,962, 451 S.W.2d 907 and Elroy Lampkin, No. 42,342, 451 S.W. 2d 911.

The record reflects that Thomas Johnson and Gerald Lamb had been drinking at nightspots on a Saturday night, and rather than go into Johnson’s apartment, where his mother lived, they went to sleep in Johnson’s car at the apartment. At approximately three or three-thirty o’clock on Sunday morning, Johnson was awakened when Walter Thomas, Jr., tapped him on the…