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CARAWAY v. STATE

No. 40337.

417 S.W.2d 159 (1967)

Connie Ray CARAWAY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 26, 1967.

Attorney(s) appearing for the Case

W. John Allison, Jr., Dallas (on appeal only), for appellant.

Henry Wade, Dist. Atty., Charles L. Caperton, Don Koons and Kerry P. Fitz-Gerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is robbery with firearms; the punishment, 40 years in the Department of Corrections.

On September 14, 1966, appellant gave notice of appeal, filed a pauper's oath and such notice was entered on the docket of the Court of conviction.

On January 11, 1967, appellant's court appointed counsel moved the trial court to permit the entry of notice of appeal. Counsel and trial court apparently overlooked Sections...

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