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BOOTY v. STATE

No. 42961.

456 S.W.2d 64 (1970)

Perry Samathis BOOTY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 22, 1970.

Attorney(s) appearing for the Case

Charles W. Tessmer, Dallas, for appellant.

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

OPINION

ONION, Judge.

The offense is robbery by assault; the punishment assessed by the court after a verdict of guilty, 50 years' confinement in the Texas Department of Corrections.

O. J. Batson, manager of the Texas Motel in the City of Dallas, testified that at approximately 1 a. m. on November 18, 1968, the appellant and two women entered the motel office and demanded money; that the appellant struck him several times with a revolver and took...

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