LIVINGSTON v. STATE

No. 42148.

445 S.W.2d 528 (1969)

Emmitt Ray LIVINGSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 29, 1969.


Attorney(s) appearing for the Case

Blanchard, Clifford, Gilkerson & Smith, by E. W. Smith, Lubbock, on appeal only, for appellant.

Blair Cherry, Jr., Dist. Atty., Lubbock, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

The conviction is for robbery by assault with a firearm; the penalty, ninety-nine years.

The record reflects that when Officers Aycock and Gibb stopped for a Coke at Godwin's Service Station at night, a robbery was in progress. Appellant was holding a pistol in his hand. Shooting broke out as the officers approached, and the three robbers ran out of the station. The service station operator was killed. Appellant was shot,...

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