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BROWN v. STATE

No. 39338.

401 S.W.2d 251 (1966)

Johnny Mack BROWN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 27, 1966.

Attorney(s) appearing for the Case

Dan R. McCormack, Dallas, for appellant.

Henry Wade, Dist. Atty., Kenneth Blassingame, John Nelms and W. John Allison, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The offense is robbery; the punishment, 35 years.

The indictment alleged the robbery of Celia Garcia and the taking of $852.56 current money of the United States of America. The allegation of the indictment "by using and exhibiting a firearm, to-wit, a gun" was deleted upon motion of the state, and the case went to trial before a jury on the remaining part of the indictment to which appellant's plea...

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