BURTON v. STATE

No. 41544.

442 S.W.2d 354 (1969)

Henry D. BURTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 9, 1969.


Attorney(s) appearing for the Case

Ben L. Sturgeon, Pampa, for appellant.

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


OPINION

DOUGLAS, Judge.

The conviction is for robbery; the punishment, ninety-nine years.

The indictment charged Henry D. Burton and Zane Leonard Evans with robbery by using and exhibiting a firearm. A severance was granted and Burton, the appellant, was tried first. The court charged the jury on robbery by assault, omitting the capital feature of the case.

The record reflects that an Ideal Food Store in Pampa was robbed of three hundred...

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