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BROWNING v. STATE

Nos. 41387, 41388.

432 S.W.2d 85 (1968)

Evelyn Lois BROWNING, Appellant, v. The STATE of Texas, Appellee. Gilbert Doyle FLANAGAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 16, 1968.

Attorney(s) appearing for the Case

Edward Neill English, Jr., Irving, for appellant, on appeal only.

Henry Wade, Dist. Atty., Douglas Mulder, John Vance, Kerry P. FitzGerald and Malcolm Dade, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

The offense is robbery by assault; the punishment assessed each appellant by the court after a verdict of guilty, 45 years confinement in the Texas Department of Corrections.

The appellants were jointly indicted, jointly tried and each have appealed urging the same grounds of error. Therefore, these causes are consolidated for the purpose of appeal.

Appellant's first two grounds of error concern the action of the trial...

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