OPINION
BELCHER, Judge.
The conviction is for robbery by assault; the punishment, twelve years.
Trial was had subsequent to January 1, 1966.
With the approval of the court, the state abandoned the fire-arm allegation in the indictment. After the dismissal of such allegation, the appellant waived a jury and entered a plea of not guilty before the court to the offense of robbery by assault.
The appellant, in his brief filed in the trial...
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