DRAKE v. STATE

No. 41528.

432 S.W.2d 906 (1968)

Don DRAKE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 9, 1968.


Attorney(s) appearing for the Case

Julius Glickman, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Frank Puckett, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

BELCHER, Judge.

The offense is robbery by assault; the punishment, seven years. The appellant and Donna Drake were jointly indicted and tried, found guilty by a jury, and each elected to have the court assess the punishment.

As grounds of error the appellant contends that his arrest without a warrant was illegal, that the facts did not justify the conclusion that he was about to escape, and that evidence obtained by his illegal arrest was...

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