Darwin v. State

95 S.W.2d 139, 130 Tex. Crim. 574, 1936 Tex. Crim. App. LEXIS 340

Opinions

HAWKINS, Judge.

Conviction is for robbery, punishment being five years in the penitentiary.

On the night of August 22d, 1935, A. W. Thompson and a friend went to a road house near Waco some time after twelve o’clock. Thompson had been drinking and continued to drink after his arrival at the road house. He exhibited his money, about $160.00. When the house closed for the night Thompson started towards his car. He testified that apptellant then struck him several times and took his money. Another State’s witness testified that Thompson started a fight with appellant and that it was during such fight appellant took the money from Thompson and handed it to a girl who was present.

No bills of exception are brought forward. The evidence was sufficient to support the jury’s finding that appellant assaulted and robbed Thompson. Bryant v. State, 122 Texas Crim. Rep., 385, 55 S. W. (2d) 1037.

The judgment is affirmed.

Affirmed.