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FAIRRIS v. STATE

No. 33614.

350 S.W.2d 935 (1961)

Bethel Raymond FAIRRIS, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 22, 1961.

Attorney(s) appearing for the Case

No attorney on appeal, for appellant.

John W. O'Dowd, Houston (of counsel for appellant on rehearing only), for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally and Jon N. Hughes, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

McDONALD, Judge.

Appellant was found guilty by a jury of the primary offense of robbery by assault. The indictment charged an habitual criminal, it being alleged that before the commission of the instant offense of robbery by assault, he had been convicted of the prior offenses of burglary and robbery by assault. In addition to finding appellant guilty of the instant or primary offense, the jury rejected appellant's plea...

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