CHERRY v. STATE

No. 42269.

447 S.W.2d 154 (1969)

Roscoe CHERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 3, 1969.


Attorney(s) appearing for the Case

David J. Candish, Dallas (Court Appointed on Appeal Only), for appellant.

Henry Wade, Dist. Atty., Dallas, Charles Erwin, James A. Mills, Jr., Malcolm Dade, Camille Elliott and James P. Finstrom, Asst. Dist. Attys., Dallas, and Jim Vollers, State's Atty., Austin, for the State.


OPINION

ONION, Judge.

The offense is robbery by assault with a prior conviction alleged for enhancement under the provisions of Article 62, Vernon's Ann.P.C.; the punishment, life.

At the outset appellant challenges the sufficiency of the evidence to sustain the conviction.

Bobby French, owner of Mack's Liquor Store in Dallas County, testified that about 5 p. m. on September 2, 1967, while he and a customer Pat Ivory Brashear, were watching...

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