Drake v. State

OPINION

BELCHER, Judge.

The offense is robbery by assault; the punishment, seven years.

The appellant and Donna Drake were jointly indicted and tried, found guilty by a jury, and each elected to have the court assess the punishment.

As grounds of error the appellant contends that his arrest without a warrant was illegal, that the facts did not justify the conclusion that he was about to escape, and that evidence obtained by his illegal arrest was harmful and prejudicial to him.

The testimony of the state reveals that the assaulted party, Emilio Betancourt, met the appellant, Donna Drake, a sister…