MIZE v. STATE

No. 39161.

400 S.W.2d 761 (1966)

Charles Benjamin MIZE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 30, 1966.


Attorney(s) appearing for the Case

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

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


WOODLEY, Judge.

The offense is robbery by assault; the punishment, enhanced by two prior convictions for felonies less than capital, life.

It is not deemed necessary that the evidence be set out in detail. Suffice it to say that appellant was positively identified by two witnesses as one of the persons who walked into the East-Tex Pharmacy in Harris County and, at gunpoint, robbed the owner and pharmacist, taking a 50 milligram bottle of demerol with 100 tablets...

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