Darden v. State

OPINION

ONION, Judge.

The offense is robbery by assault; the punishment, 99 years confinement in the Texas Department of Corrections.

Appellant entered a plea of guilty before a jury and the trial was conducted under the provisions of Article 26.14, Vernon’s Ann.C.C.P. No motion for probation was filed.

The evidence reflects that Ernest Phelps, Jr., manager of the Seven-Eleven Ice House in Grand Prairie, Texas, was robbed at gunpoint of $136.00 by the appellant on November 28, 1965, at approximately 9:30 p. m. On December 4, 1965, appellant was apprehended while in the process of an armed robbery…