SOMMERS v. STATE

No. 29528.

310 S.W.2d 106 (1958)

Donald SOMMERS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 12, 1958.


Attorney(s) appearing for the Case

Phillip E. Palmer, James R. Gillespie, San Antonio, for appellant.

Hubert W. Green, Jr., Dist. Atty., San Antonio, James E. Barlow, Asst. Dist. Atty., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

The conviction is for robbery with firearms; the punishment, 20 years in the penitentiary.

William A. Nixon, the injured party, was a night manager of a service station in the City of San Antonio. On the night in question, while Nixon was on duty, an automobile drove into the station, two men got out, one with a pistol in his hand who said, "This is a hold-up", and then fired one shot with the pistol. After Nixon and two other men who were...

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