Eaves v. State

CHRISTIAN, Judge.

The offense is assault with intent to rob; the punishment confinement in the penitentiary for seven years.

L. E. Johnson was in charge of a garage belonging to Duke Martin. The testimony of appellant and his witnesses was to the effect that Johnson got appellant and one Pettiett to go to the garage for the purpose of committing robbery, the plan being that Johnson would ostensibly be one of the victims of the robbery, and that the spoils would be divided with Johnson. Appellant and Pettiett drove to the garage at night, in appellant’s Chrysler car. Appellant sat in the car,…