Opinion
No. 19409.
Delivered March 3, 1938. State's rehearing denied April 27, 1938.
Robbery — Evidence.
Companion case to Clark v. State, No. 19410 (page 427 of this volume), in which case the evidence was held insufficient to support conviction of robbery.
Appeal from the Criminal District Court of Dallas County. Hon. Grover Adams, Judge.
Appeal from conviction for robbery; penalty, confinement in penitentiary for fifty years.
Reversed and remanded.
The opinion states the case.
Baskett Parks, of Dallas, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is robbery; the punishment, confinement in the penitentiary for fifty years.
Eugene Field Clark v. The State, Opinion No. 19410, this day delivered [page 427 of this volume], is a companion case. In that case we reached the conclusion that the evidence was insufficient to support a conviction, and ordered a reversal of the judgment.
The judgment is reversed and the cause remanded.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
ON STATE'S MOTION FOR REHEARING.
A re-examination of the facts does not lead us to believe we reached a wrong conclusion in our original opinion.
The State's motion for rehearing is overruled.