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GREEN v. STATE

No. 30061.

320 S.W.2d 139 (1958)

James David GREEN, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 10, 1958.

Attorney(s) appearing for the Case

Oliver, Gillespie & Lacy, San Antonio (On Appeal Only), for appellant.

Wallace T. Barber, Dist. Atty., San Marcos, Hubert W. Green, Jr., Dist. Atty., Richard J. Woods, Asst. Dist. Atty., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

Appellant was convicted under the first count of the indictment of the offense of robbery with firearms and his punishment assessed at confinement in the penitentiary for 35 years.

The indictment was returned in the Criminal District Court of Bexar County and, upon the court's own motion, venue was changed to the 155th Judicial District Court of Hays County.

The record reflects that appellant had been twice previously tried upon...

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