DAVIS v. STATE

No. 68142.

651 S.W.2d 787 (1983)

Elpato DAVIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 8, 1983.


Attorney(s) appearing for the Case

Grady Inzer, Longview, for appellant.

Rob Foster, Dist. Atty., and Michael Lew Dunn, Asst. Dist. Atty., Longview, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.


OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated robbery. The jury assessed punishment at 40 years.

On October 16, 1979, appellant and two other men, James Riggins and Vince Benton, entered the lobby of the Ramada Inn in Longview, Glenda Hudson, the motel desk clerk, testified Benton pulled a revolver "and said, `Let's have all your money. Let's have it now.'" Hudson further related appellant, said, "`Yeah, let's have...

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