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JOHNSON v. STATE

No. 32395.

341 S.W.2d 170 (1960)

Jimmy Charles JOHNSON, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 14, 1960.

Attorney(s) appearing for the Case

F. T. Gauen, Jr., Dallas, for appellant.

Henry Wade, Criminal Dist. Atty., Frank Watts, William F. Tucker, Phil Burleson, Assts. Dist. Atty., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The conviction is for robbery with firearms; the punishment, 50 years.

The State's evidence shows that the injured party, Wayne Zerr, was an employee of a Seven-Eleven Store in the City of Dallas. The injured party testified that on the date alleged a man came into the store around 9:30 p. m. carrying a .22 rifle and commanded that he "put everything he had in a paper bag"; that he proceeded to open the cash register, take all the bills...

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