GERZIN v. STATE

No. 42383.

447 S.W.2d 925 (1969)

Richard GERZIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 10, 1969.


Attorney(s) appearing for the Case

Jeffrey H. Hubbard, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Frank Puckett, Jr., Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

The conviction is for assault with intent to rob; the punishment, ten years.

The record reflects that Nathan Smith attempted to rob a liquor store operated by M. A. Mouritsen and his wife while Richard Gerzin, the appellant, was waiting in a nearby station wagon. A few minutes before the assault Richard Gerzin went into the store, purchased a half pint of whiskey and left. Approximately fifteen minutes later Mouritsen, while...

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