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CURTIS v. STATE

No. 42562.

450 S.W.2d 634 (1970)

Clifford CURTIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 11, 1970.

Attorney(s) appearing for the Case

Thomas E. Lucas, Houston (On Appeal Only), for appellant.

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

WOODLEY, Judge.

OPINION

The appeal is from a conviction for robbery by assault of Dan Reed Ellis, Jr. committed in the early morning hours of September 11, 1965, at the service station operated by the complainant Ellis, in the Northeast part of Houston. The appeal did not reach this court until September 30, 1969.

Trial was before a jury on a plea of not guilty. The punishment was assessed by the court at 35 years in the penitentiary.

The...

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