CUMBY v. STATE

No. 39146.

399 S.W.2d 814 (1966)

Bobby Ray CUMBY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 23, 1966.


Attorney(s) appearing for the Case

Lumpkin, Watson & Smith, Warren E. Zimmerman, Amarillo, for appellant.

Dee D. Miller, Dist. Atty., John B. Reese, Asst. Dist. Atty., Amarillo, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for assault with intent to rob; the punishment, two years.

William L. Cook testified that on closing his grocery store about 9:35 p. m., February 25, which was well lighted in front by a light from the store and a large yard light next door, the appellant, with his hands down by his side and facing the lights approached him and said, "Give me the money," or "Give me that sack"; that on telling the appellant to "Go on...

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