BROWN v. STATE

No. 35889.

368 S.W.2d 618 (1963)

Warner Dale BROWN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 29, 1963.


Attorney(s) appearing for the Case

Orville A. Harlan, Houston (On Appeal Only), for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally and Lee P. Ward, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for robbery by assault with a prior conviction alleged for enhancement; the punishment, life.

Manager Dyess of a food store, while testifying for the state, identified the appellant as one of two men who entered the store about 7:30 P.M., April 17. He stated that appellant "stuck a pistol in his side," ordered him into a booth and struck him on the head with the pistol. Next, the appellant demanded to know where the...

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