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LAMAR v. STATE

No. 40353.

415 S.W.2d 926 (1967)

Allen LAMAR, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 28, 1967.

Attorney(s) appearing for the Case

Harvey C. Hooser, Jr., Big Spring, for appellant.

Wayne Burns, Dist. Atty., Big Spring, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is robbery by assault; the punishment, 25 years.

Appellant's first ground of error raised by brief filed in the trial court is his allegation that the trial court erred in failing to grant his motion for new trial on the ground that ten days did not expire from the date of arraignment to the date of trial, and that such time was not waived. He relies on Art. 26.04, Vernon's Ann.C.C.P., in

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