RUSSELL v. STATE

No. 38452.

396 S.W.2d 117 (1965)

Arthur Gene RUSSELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 8, 1965.


Attorney(s) appearing for the Case

Pat McDowell, Dallas, for appellant.

Henry Wade, Dist. Atty., John Vance, Tom Reese and W. John Allison, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

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

The testimony reveals that John Henry Pruitt and Stene Burnley left the Cates Pharmacy after a brief visit, and that about one hour later Pruitt, Burnley and the appellant entered the pharmacy. While the appellant remained within about two feet of the front door, Pruitt and Burnley went to the Coca Cola box, and then Pruitt went to the rear of the store and Burnley asked a...

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