Hart v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for robbery. Punishment was assessed by the jury at two years.

The indictment alleged that the offense occurred on or about February 2, 1975, and the record reflects that trial was in July, 1975.

Barbara Gibson identified appellant as the man who entered the Colonial Food Store on Grape Street in Abilene shortly before midnight on February 2, 1975, and announced, “This is sort of like a hold up.” Appellant approached Gibson’s fiance who was waiting for her to close the store and said, “You move or say a word and I will blow your head…