Fisher v. State

BERRY, Judge.

The appellant was convicted in the District Court of Hale County for the offense of robbery and his punishment assessed at confinement in the penitentiary for a term of five years.

The facts show the robbery occurred while a card game was going on and it was the appellant’s theory, supported by his testimony and that of his witnesses, that the alleged injured party had used marked cards in the game, .although falsely claiming they were not marked, and by so doing had acquired his money, and that if any assault was made, it was made alone for the purpose retaking the money…