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MATHIS v. STATE

No. 42990.

469 S.W.2d 796 (1970)

Cecil MATHIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion for Rehearing November 10, 1970.

Rehearing Denied May 5, 1971.

Second Rehearing Denied June 16, 1971.

Attorney(s) appearing for the Case

Dennis White, Melvyn Carson Bruder, Dallas (Court appointed on appeal), for appellant.

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

On State's Motion for Rehearing November 10, 1970.

Appellant's Rehearing Denied May 5, 1971.

Appellant's Second Rehearing Denied June 16, 1971.

OPINION

MORRISON, Judge.

The offense is robbery by firearms; the punishment, 60 years.

In view of our disposition of appellant's grounds of error eight (8) and nine (9), we pretermit discussion of the other alleged errors.

In the presence of the jury, the state called as their...

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