SMITH v. STATE

No. 25235.

238 S.W.2d 543 (1951)

SMITH v. STATE.

Court of Criminal Appeals of Texas.

April 11, 1951.


Attorney(s) appearing for the Case

Allen, Locke & Kouri, Wichita Falls, for appellant.

Grorge P. Blackburn, State's Atty., of Austin, for the State.


MORRISON, Judge.

The offense is robbery by assault; the punishment, five years in the penitentiary.

Appellant and one Robertson were jointly indicted; Robertson moved to sever, and appellant was put to trial first.

The injured party, Parrack, and his companion, Stafford, were returning from Oklahoma at night when a car containing Robertson and appellant came alongside and called out, "Pull over, I want to see you."

When the vehicles came to...

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