KELLEY v. STATE

No. 39352.

400 S.W.2d 760 (1966)

Willie C. KELLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 13, 1966.


Attorney(s) appearing for the Case

Howard O. Lake, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and C. A. Davis, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is robbery by assault with two prior non-capital felony convictions alleged for enhancement; the punishment, life.

Houston filling station attendant Thibodeaux testified that shortly after midnight on the night in question appellant came to his station, asked to use the rest room and then departed. Some fifteen minutes later, appellant returned, had the automobile he was driving serviced, and when this was completed he told Thibodeaux...

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