Kelly v. State

OPINION

DOUGLAS, Judge.

The conviction is for the offense of robbery by assault; the punishment was assessed by the court at twelve years.

The record reflects that appellant, accompanied by a woman, robbed the cashier of Furr’s Cafeteria in El Paso of five hundred twenty-eight dollars by exhibiting a pistol. The sufficiency of the evidence to establish the act of robbery is not challenged.

Appellant contends that the trial court erred in finding him guilty because the evidence showed that he was under the influence of drugs and did not know what he was doing at the time of the robbery. He…