Court of Criminal Appeals of Texas, 1928

Davis v. State

Davis v. State
Court of Criminal Appeals of Texas · Decided January 25, 1928 · Lattimore
1 S.W.2d 1118 (South Western Reporter, Second Series)

Davis v. State

Opinion of the Court

LATTIMORE, J.

Conviction for robbery; punishment, 15 years in the penitentiary. No bills of exception, or other-objections to procedure, appear in the record. The state’s witness testified that by the use and exhibition of a pistol appellant took from him $50 in money. His identification of appellant was positive. The theory of the defense was that appellant got money from the state’s witness with which to purchase whisky. There was quite a bit of confusion and contradiction in the testimony of appellant. The jury have settled the facts against him; and we see no' reason for doubting the correctness of their disposition. The judgment will be affirmed.

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