Ollie James Jones v. State Texas

In the early morning of March 10, 1971, James Elmer Clark was working at Brocks Produce in Dallas. Two males walked into the store and one asked for an apple. After paying for the apple, that man displayed a pistol and said; "This is a stick-up." Clark testified that he stepped sideways and was shot through the hand. He pulled a pistol from his jacket and shot the gunman, whom he identified as appellant. Clark said the second man then "jumped him" from behind. In the scuffle Clark fired several more times but was then disarmed. He ran outside and stopped a uniformed officer to tell him he had been robbed. The officer saw a man running from the scene and followed him to an automobile, where the man collapsed. It was determined that the man, later identified as the appellant, had been shot in the side. Joseph Walker, later identified as the second man in the robbery, was convicted of the offense and incarcerated prior to appellants trial.