THORNTON v. STATE

No. 42353.

451 S.W.2d 898 (1970)

Caris Ton THORNTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 25, 1970.


Attorney(s) appearing for the Case

Norman Kinne, Dallas, (by court appointment), for appellant.

Henry Wade, Dist. Atty., Alvin Walvoord, and John Tolle, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

The conviction is for robbery by assault; the punishment eighty-five years. Appellant was tried jointly with Walter Thomas, Jr., our Cause No. 41,962, 451 S.W.2d 907 and Elroy Lampkin, No. 42,342, 451 S.W.2d 911.

The record reflects that Thomas Johnson and Gerald Lamb had been drinking at nightspots on a Saturday night, and rather than go into Johnson...

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