MIDDLETON v. STATE

No. 39589.

402 S.W.2d 900 (1966)

John Henry MIDDLETON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 1, 1966.


Attorney(s) appearing for the Case

Herbert Green, Jr., Dallas, for appellant.

Henry Wade, Dist. Atty., Charles L. Caperton, Donald D. Koons and W. John Allison, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is robbery; the punishment, 30 years.

Henry O'Neal testified that on the night in question he went to the Hill Top Cafe where he sat with friends and consumed some beer. He stated that appellant, whom he knew only by sight, came in the cafe about closing time and that he bought the appellant a beer. Subsequently, according to his testimony, he and appellant left in O'Neal's automobile and drove to an after hours place where appellant...

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