OPINION
ONION, Judge.
This proceeding involves an application for writ of mandamus seeking to prevent a second robbery trial growing out of the same transaction. Said application alleges that the relator was convicted on May 21, 1970, in the 36th District Court of San Patricio County of the robbery of one R. B. Bailey, Jr., and that his punishment of ten years was assessed by the jury who recommended probation. It further states that Bailey, the alleged...
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