RUSHING v. STATE

No. 33875.

352 S.W.2d 282 (1961)

Spencer RUSHING, Jr., Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 29, 1961.


Attorney(s) appearing for the Case

C. C. Divine, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, Edward N. Shaw, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for robbery; the punishment, 15 years.

While testifying at the trial, the manager and two other drug store employees each identified the appellant as the person who entered the store about 11:55 P.M., exhibited a pistol, and demanded money. The manager testified that she gave him the money which she was counting because she was afraid that he would kill her. She stated that...

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