Banks v. State

WOODLEY, Judge.

The offense is robbery; the punishment, five years.

The prosecuting witness, W. 0. Mauldin, past seventy-four years of age qjid employed as an attendant at a service station in Dallas County, positively identified appellant as the person who appeared at his place of employment about 2:25 A.M. and at pistol point took from him $80 in bills, saying “Pop, this is a stick up. If you’ll do as I say you won’t get hurt but otherwise you will get killed. * * * I want all the money you’ve got.”

The evidence shows that after appellant obtained the $80 he required Mr. Mauldin to enter the…