Byrd v. State

OPINION

ONION, Judge.

The offense is robbery by firearms; 1 the punishment, assessed by the jury, 101 years.

The sufficiency of the evidence to sustain the conviction is not challenged. Suffice it to say that the record reflects the complaining witness Garrett stopped on the highway on December 24, 1966, to assist the appellant who apparently was having mechanical difficulties with his automobile. He was shot four times by the appellant, $200 was taken from his person and he was left for dead on the side of the road.

First, appellant claims the court erred in overruling his motion to quash the…