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POWERS v. STATE

No. 40552.

459 S.W.2d 847 (1970)

Glen Thomas POWERS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 9, 1970.

Attorney(s) appearing for the Case

R. M. Helton, Wichita Falls (Court appointed on appeal) for appellant.

Jim Phagan, Dist. Atty., Wichita Falls, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is robbery by assault, enhanced by two prior non-capital convictions alleged for enhancement; the punishment, life.

This is an out of time appeal, authorized by the order of this Court dated June 17, 1970.

Two grounds of error are advanced and in order to discuss them, a brief recitation of the facts is necessary. The injured party, Marley, became acquainted with appellant and his female companion at a...

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