FITZGERALD v. STATE

No. 27039.

271 S.W.2d 428 (1954)

Otis Ray FITZGERALD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 26, 1954.


Attorney(s) appearing for the Case

Martin & Shown, W. E. Martin, Houston, for appellant.

Wesley Dice, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is robbery, with a prior conviction for the same offense alleged to enhance the punishment; the punishment, life imprisonment.

It was shown that the appellant and his wife presented themselves at the Anderson County jail for the purpose of making an accident report; that, unknown to the appellant, his parole had been revoked, and the "process" for his arrest was in the hands of the officers; and that the appellant was placed temporarily...

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