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ROBERTSON v. STATE

No. 41231.

426 S.W.2d 872 (1968)

James Otis ROBERTSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 24, 1968.

Attorney(s) appearing for the Case

C. W. Bocock, IV, John M. Ille, Houston, for appellant.

Carol S. Vance, Dist. Atty., Joseph W. Doucette and Allen L. Stilley, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

DICE, Judge.

The offense is robbery by assault, with a prior conviction for assault with intent to murder, alleged for enhancement. Upon a bifurcated trial, the punishment was assessed by the trial judge at life imprisonment, under the provisions of Art. 62, P.C.

Appellant's sole ground of error is that the court erred in failing to quash the indictment for the reason that enhancement of the punishment was unauthorized under Art. 62, supra...

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