TRUSSELL v. STATE

No. 36421.

374 S.W.2d 898 (1964)

Thurman Odell TRUSSELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 19, 1964.


Attorney(s) appearing for the Case

Rex Emerson, Houston, for appellant.

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


DICE, Commissioner.

The conviction is for robbery by assault; the punishment, life imprisonment, enhanced under Art. 62, Vernon's Ann.P.C., by reason of a prior conviction for an offense of like character.

The indictment alleged the primary offense of robbery by assault and two prior convictions for the offenses of robbery.

In his charge the court submitted to the jury the issue of appellant's guilt of the primary offense and whether he had been previously...

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