TRUSSELL v. STATE

No. 40259.

414 S.W.2d 466 (1967)

Jerry Wayne TRUSSELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 26, 1967.


Attorney(s) appearing for the Case

Leslie Echols, Paris, for appellant.

Jim N. Thompson, County Atty., Paris, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

WOODLEY, Presiding Judge.

The offense is robbery with firearms; the punishment, 15 years.

Trial was before a jury on a plea of not guilty.

The State did not seek the death penalty. The jury having found appellant guilty, he elected to have the same jury assess the punishment. Art. 37.07, Sec. 2(b), Vernon's Ann.C.C.P.

Appellant's first ground of error is the failure of the trial judge to set aside the indictment because the...

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