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COLE v. STATE

No. 42549.

450 S.W.2d 661 (1970)

James Philmore COLE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 28, 1970.

Attorney(s) appearing for the Case

Byrom, Wright, Butcher & Prager, by B. J. Butcher, Fort Worth, for appellant.

Frank Coffey, Dist. Atty., and Bill Mills and Truman Power, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

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

The State's evidence reflects that Velma Lou Hardin owned and operated a grocery store located at 1349 East Allen in the City of Fort Worth. She opened the store at approximately 6 a. m. on August 19, 1967, and while she was placing money in the cash register, the appellant entered the store, placed a gun in her face and took the money out of her hand...

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