Mortimer v. State

MORROW, Presiding Judge.

Appellant was indicted for and convicted of an assault with intent to rob; punishment fixed at confinement in the penitentiary for a period of five years.

Appellant, entered the store of the witness Fair and indicated a desire to purchase some second-hand clothes. According to the witness, he expressed his doubt touching his possession of clothes that would fit the appellant. The appellant then remarked: “I have got to have one somehow, or remarked something like that.” The witness walked over to another part of the store and lifted his hand to reach for a suit.…