Smith v. State

OPINION

WOODLEY, Presiding Judge.

The offense is robbery by assault; the punishment, 5 years.

Trial under the 1965, Vernon’s Ann. Code of Criminal Procedure was before a jury on a plea of not guilty. The jury having found appellant guilty, and he having filed application before the trial began praying that the court or jury grant probation (Art. 42.12, subd. B, C.C.P.), requested that the jury which had found him guilty assess the punishment. (Art. 37.07 C.C.P.)

The sufficiency of the evidence to identify appellant and to show that he participated in the robbery is presented as ground for…