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SIMMONS v. STATE

No. 43067.

457 S.W.2d 570 (1970)

Jimmy Don SIMMONS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 4, 1970.

Attorney(s) appearing for the Case

James H. Miller, Dallas (on appeal only), for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., W. T. Westmoreland, Jr., and Edgar A. Mason, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is robbery by assault; the punishment, 20 years.

The sole question presented by the brief is the admission of evidence relating to an extraneous offense. Jack Degelia testified that he was operating a grocery store in Oak Cliff on January 12, 1967. According to Degelia's testimony, appellant entered the grocery store with another man, bought some drinks, then, pointing...

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