Burns v. State

OPINION

ROBERTS, Judge.

This is an out-of-time appeal from a conviction for the offense of robbery by the use of a firearm; punishment was assessed at 50 years. An out-of-time appeal has also been granted in Cause Number 34,118, a companion case, 470 S.W.2d 869 Both cases were tried in 1961.

The sufficiency of the evidence is not challenged.

Appellant contends that the trial court committed reversible error in admitting into evidence a pistol and some shells that were found on his person at the time of his arrest and in permitting reference to a newspaper found in the automobile in which he was…