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FUTCH v. STATE

No. 36640.

376 S.W.2d 758 (1964)

Saul FUTCH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion to Abate Appeal April 8, 1964.

Attorney(s) appearing for the Case

Jack D. Bodiford, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, James C. Brough and Thomas C. Dunn, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The conviction is for assault with intent to rob, with a prior conviction for an offense of like character alleged for enhancement; the punishment, ten years.

This is a companion case to McCutcheon v. State, Tex.Cr.App., 363 S.W.2d 457.

The state's proof shows that the injured party, Ross Lewis, was a co-manager of a Henke & Pillot grocery store in the city of Houston. On the date alleged...

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