Jackson v. State

OPINION

WOODLEY, Presiding Judge.

The offense is robbery by assault; the punishment, enchanced under Art. 62 P.C. by a prior conviction for assault with intent to rob, life.

Three grounds of error are set forth in appellant’s brief. The first two relate to testimony of state’s witness H. C. Mackey, on redirect examination, in which he related to the jury a conversation with Billy Earl Clayton in appellant’s absence over objection that such testimony was hearsay.

Billy Earl Clayton, a co-defendant, captured at the scene of the robbery, was identified by the victim Paul Carollo at the lineup the…