Livingston v. State

OPINION

DOUGLAS, Judge.

The conviction is for robbery by assault with a firearm; the penalty, ninety-nine years.

The record reflects that when Officers Aycock and Gibb stopped for a Coke at Godwin’s Service Station at night, a robbery was in progress. Appellant was holding a pistol in his hand. Shooting broke out as the officers approached, and the three robbers ran out of the station. The service station operator was killed. Appellant was shot, but he managed to run through weeds for some distance. He was later discovered at a loading dock of another building wounded and bleeding. A thirty-two…