Dukes v. State

DICE, Judge.

The conviction is for robbery by the use of firearms; the punishment, five years in the penitentiary.

The state’s evidence shows that the injured party, Henry Parker, was robbed while engaged in a poker game with three other companions, Seaborn Benningfield, Cecil Abraham, and George Heath, as the four were gambling in an old house on the Heath Place situated in the Huckabay community in Erath County.

According to the state’s testimony, the four were seated at a table when two men appeared at the door around 1:30 o’clock in the morning with handkerchiefs tied over their mouth and…