McElwee v. State

OPINION

GREEN, Commissioner.

This is a companion case to Dickson v. State, Tex.Cr.App., 492 S.W.2d 268 (1973).

This appeal is from a conviction of robbery with firearms; the punishment was assessed at three hundred (300) years.

Charles Henderson testified that he was manager of the Stop ’N Go Market at 2001 East Nineteenth Street, Austin. At about 7:20 A.M. on January 23, 1971, while he was alone in the store, a man opened the front door, looked in, and then left. In about two minutes five men, including the one who had earlier looked in, came in the store and went up to the counter. Three,…