OPINION
ONION, Judge.
The indictment drawn under the provisions of Article 489c, Vernon's Ann.P.C., alleged that appellant, on or about April 14, 1967, had in his possession away from the premises upon which he resided, a pistol, he having been convicted on February 22, 1956, in Cause No. 9592 in the 47th District Court of Potter County, Texas, of robbery by assault and he having served a term in the penitentiary under such conviction.
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