Court of Criminal Appeals of Texas June 2, 1937, No. 19077. (Thomas v. State)

MORROW, Presiding Judge.

— Robbery by assault is the offense; penalty assessed at confinement in the penitentiary for fifteen years.

The State’s testimony is to the effect that Tom Hardy was employed at night at the Port City Ice Delivery in the city of Houston; that about 1:45 o’clock in the morning the appellant appeared and said he wanted a package of tobacco.