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LOPEZ v. STATE

No. 29144.

305 S.W.2d 371 (1957)

Natividad LOPEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 26, 1957.

Attorney(s) appearing for the Case

Theo. Pat Henley, San Antonio, for appellant.

Hubert W. Green, Jr., Criminal Dist. Atty., Roy R. Barrera and Edward R. Finck, Jr., Asst. Criminal Dist. Attys., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The offense is robbery by assault; the punishment 7½ years in the penitentiary.

The sole question presented is the sufficiency of the evidence.

The attorneys for the State and the appellant agreed upon the following statement of facts, as authorized by Sec. 7 of art. 759a, Vernon's Ann.C.C.P.

"On or about the 3d day of July, 1956, at or about 9 P.M., the complainant, Joe Cerda, was sitting on a swing at the Alazan Apache...

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