ROBERTS, Judge.
This is an appeal from a conviction of robbery by assault. The trial was to a jury with punishment assessed by the court at five years.
The state's evidence shows that at about noon on May 17, 1969, the victim, Albert Rico, a Navajo Indian, went to the Texhoma Lounge in Dallas, Texas, where the appellant and his co-indictee, Curtis Ray Birmingham, were drinking beer and playing...
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