MURRY v. STATE

No. 40140.

413 S.W.2d 117 (1967)

Curlee MURRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 12, 1967.


Attorney(s) appearing for the Case

Richard H. Caldwell, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough, and Joseph P. Witherspoon, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

BELCHER, Judge.

After waiver of a jury, the appellant entered a plea of not guilty before the court to the charge of robbery by assault. On March 24, 1966, the appellant was found guilty and his punishment was assessed at fifteen years.

The testimony of the state reveals the robbery of the operator of a service station about 3 a. m. The defense was alibi.

The appellant insists that this cause should be reversed on the ground that...

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