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GARCIA v. STATE

No. 41771.

435 S.W.2d 533 (1968)

Rodolfo Casares GARCIA and Miguel Juarez Cazares, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 18, 1968.

Attorney(s) appearing for the Case

Polk Hornaday, Harlingen, D. J. Lerma, Brownsville, for appellants.

F. T. Graham, District Atty., Joel William Ellis, Asst. District Atty., Brownsville, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is robbery; the punishment for each appellant is ten years.

Their first ground of error is that if they violated any law, it was a violation of Art. 1177a, Vernon's Ann.P.C., "Kidnapping for extortion," and not robbery. The answer to such contention may be found in the opinion of this Court in Lewis v. State, 171 Tex.Cr.R. 231, 346 S.W.2d 608, at 612, where we said:

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