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SUMRELL v. STATE

No. 41675.

436 S.W.2d 544 (1968)

Robert SUMRELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 19, 1969.

Attorney(s) appearing for the Case

Joseph D. Loidold, Port Arthur, for appellant.

W. C. Lindsey, Dist. Atty., Cimron Campbell, Asst. Dist. Atty., Beaumont, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

The conviction is for the primary offense of theft from the person. The punishment, enhanced under the provisions of Art. 63, Vernon's Ann.P.C., life.

In two grounds of error the appellant contends that the evidence fails to show beyond a reasonable doubt that the taking was so sudden as to not allow time to make resistance before the property was carried away.

Art. 1438(2) reads:

"The theft must be committed...

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