Caballero v. State, 33384
| Decision Date | 10 May 1961 |
| Docket Number | No. 33384,33384 |
| Citation | 346 S.W.2d 343,171 Tex.Crim. 133 |
| Parties | Robert CABALLERO, Appellant, v. STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
C. C. Divine (on appeal only), Houston, for appellant.
Frank Briscoe, Dist. Atty., Samuel H. Robertson, Jr., Erwin G. Ernst, Asst. Dist. Attys. Houston, and Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
Appellant Robert Caballero and four co-indictees were jointly charged by indictment with the offense of robbery with firearms. Upon being granted a severance, appellant and his co-indictee, Joe Gallegos, were tried separately. Appellant entered a plea of not guilty and Gallegos entered a plea of guilty.
From a judgment of conviction for robbery by assault, with punishment assessed at confinement in the penitentiary for 10 years, appellant brings this appeal.
George Owens, the injured party who was a service station attendant for the Key Oil Company in the City of Houston, testified that, shortly after midnight on the night in question, a colored man drove into his station in an automobile, got out, talked to him, and then ran across the street; that five Mexican boys then alighted from the car and came into the office of the station; that one of the boys, whom he identified as Joe Gallegos, held a twelve-gauge shotgun on him and said: ; that one of the other boys, whom he identified as the appellant, then removed approximately $95 from the cash register after the witness had been forced to produce the key and open the register. Owens testified that, during the robbery, one of the boys struck him with his fist, that he was forced to get under a table and was struck by appellant with a claw hammer. He testified that he opened the cash register because of fear for his life and that, later in the night, he identified the appellant and two of the other boys at a police lineup as those who had robbed him.
Willie Eden, the colored man who drove the automobile into the station on the night in question, upon being called as a witness by the State, testified that he had given the five Mexican boys a ride and, at the point of a gun, he drove into the service station. Eden testified that, after he ran across the street, he could see the robbery from where he was standing. He further testified that, later that night, he identified four of the Mexican boys at a police lineup but on the day of the trial was unable to identify the appellant.
Appellant did not testify or offer any evidence in his behalf.
There are no formal bills of exception or objections to the court's charge.
The court submitted the issue...
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