OPINION
BELCHER, Judge.
The conviction is for robbery with firearms; the punishment, death.
The motion for new trial was overruled and notice of appeal was given before January 1, 1966.
The testimony of the state reveals that about 5 p. m., Saturday, September 19, 1964, the appellant shot Manager Vann of a food store three times with a .38 caliber pistol, kicked Vann while on the floor, making him assist in opening the cash register, and...
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