Gilbert v. State

OPINION

FENDER, Chief Justice.

Appellant, Johnny Andrew Gilbert, was convicted by a jury of the offense of aggravated robbery with a deadly weapon. See TEX.PENAL CODE ANN. sec. 29.03 (Vernon 1974). The jury assessed punishment at fifty years’ confinement in the Texas Department of Corrections.

We reverse and remand.

On February 27, 1985, at 9:00 a.m., a teller at the Southwest National Bank in Fort Worth was robbed. The assailant pointed a gun at a teller and escaped with $3,000. Two months later the teller saw a picture of a man in the paper. She told police that this was the man who robbed her.…