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SMITH v. STATE

No. 40134.

414 S.W.2d 659 (1967)

Larry O. SMITH, alias Phillip Mystro, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 24, 1967.

Attorney(s) appearing for the Case

Otis Scruggs, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and W. Louis White, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is robbery by assault; the punishment, 5 years.

Trial under the 1965, Vernon's Ann. Code of Criminal Procedure was before a jury on a plea of not guilty. The jury having found appellant guilty, and he having filed application before the trial began praying that the court or jury grant probation (Art. 42.12, subd. B, C.C.P.), requested that the jury which had found him guilty assess the punishment. (Art...

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