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HERRING v. STATE

No. 41993.

440 S.W.2d 649 (1969)

James Lee HERRING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 28, 1969.

Attorney(s) appearing for the Case

David E. Holt, Pampa, for appellant.

Bill W. Waters, Dist. Atty., Pampa, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

The offense is robbery by assault; the punishment, assessed by the jury, 10 years' confinement in the Texas Department of Corrections.

The sufficiency of the evidence is not challenged. A recital of the facts is therefore not deemed essential. Suffice it to say, the State's evidence reflects a 4 a.m. robbery at gunpoint of Larry Hilburn, the lone attendant at a Mobile Service Station on U.S. Highway 66 in McLean, Gray County...

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