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GARZA v. STATE

No. 38722.

397 S.W.2d 847 (1965)

Rudy H. GARZA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 26, 1966.

Attorney(s) appearing for the Case

Clyde W. Woody, Houston (On appeal only), Fred H. Dailey, Jr., Houston (On appeal only), John P. Farra, Houston (On appeal only), for appellant.

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

McDONALD, Presiding Judge.

The offense is robbery by assault; the punishment, 30 years confinement in the state penitentiary.

The evidence reveals that shortly before noon on July 22, 1960, two men entered the Salazar Grocery Store in Houston, Texas, wearing stockings over their faces and carrying pistols. After both men had ordered Mrs. Salazar, the owner of the store, to put her hands up, the smaller of the two directed his companion, later identified as...

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