BANKS v. STATE

No. 29254.

306 S.W.2d 908 (1957)

Thomas Duane BANKS, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 13, 1957.


Attorney(s) appearing for the Case

No attorney on appeal for appellant.

Henry Wade, Dist. Atty., Homer G. Montgomery and A. D. Bowie, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is robbery; the punishment, five years.

The prosecuting witness, W. O. Mauldin, past seventy-four years of age and employed as an attendant at a service station in Dallas County, positively identified appellant as the person who appeared at his place of employment about 2:25 a. m. and at pistol point took from him $80 in bills, saying "Pop, this is a stick up. If you'll do as I say you won't get hurt but otherwise you will get killed...

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