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JOHNSON v. STATE

No. 41590.

436 S.W.2d 906 (1968)

Martin Aubrey JOHNSON and Billy James White, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 18, 1968.

Attorney(s) appearing for the Case

Chas. F. Potter, Tyler, for appellants.

Hunter B. Brush, Dist. Atty., William H. Power, Asst. Dist. Atty., Tyler, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is robbery; the punishment, life.

Appellants were jointly indicted with one Joseph Bernell Sawyer III for the offense of robbery with firearms, a capital felony.

The second paragraph of the indictment returned November 9, 1967, alleged that Billy James White had been previously convicted of felony theft, a felony less than capital, and one of like character as that alleged against him in the first...

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