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HARRIS v. STATE

No. 42717.

453 S.W.2d 838 (1970)

Ruben HARRIS, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 2, 1970.

Attorney(s) appearing for the Case

Hope, Henderson, Hohman & Georges, by James E. Hope, San Antonio, on appeal only, for appellant.

James E. Barlow, Dist. Atty., and Sparta Bitsis, Asst. Dist. Atty., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

The offense is robbery by assault; the punishment, enhanced under the provisions of Article 62, Vernon's Ann.P.C., life.

Initially, appellant complains of the trial court's refusal to consider his amended motion for new trial and to grant a hearing thereon. Appellant contends the court refused since the motion was not signed by him. The motion was based on allegedly newly discovered evidence. The motion was not sworn to by the...

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