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LAYMOND v. STATE

No. 39539.

401 S.W.2d 600 (1966)

Andrew Lee LAYMOND, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 20, 1966.

Attorney(s) appearing for the Case

Marks, Time & Aranson, by James Keith Marks, Dallas, for appellant.

Henry Wade, Dist. Atty., James B. Zimmermann, James H. Miller and W. John Allison, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The offense is robbery by assault; the punishment, life.

The allegation of the indictment as to using and exhibiting a firearm was deleted and not submitted to the jury.

The state's evidence was sufficient to show that appellant entered a liquor store, pointed a sawed-off shotgun at Leroy E. Briers, the prosecuting witness, and ordered him into the utility room, threatening to kill him; that...

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