Roberts v. State

OPINION

JACKSON, Commissioner.

The conviction is for robbery by assault; the punishment, life, under Art. 62, Vernon’s Ann.P.C.

*858On July 7, 1970, Thelma Nicholson was operating a store called the Ace Drive-In in Beaumont when a man she positively identified, both at subsequent line-up and at the trial, as Edward Roberts, the appellant, came in the store and bought a paper, grabbed her by the shoulder and turned her around, then “dipped up” the money out of the register and ran. She testified she was frightened.

Willie Thomas, who usually went by the Ace Drive-In in the mornings to get a paper,…