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HOWARD v. STATE

No. 42799.

453 S.W.2d 155 (1970)

Gary Lee HOWARD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 6, 1970.

Attorney(s) appearing for the Case

Pat McDowell, Dallas, (on appeal only), for appellant.

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

OPINION

WOODLEY, Presiding Judge.

The appeal is from a conviction for robbery by assault with punishment, enhanced under Art. 62, Vernon's Ann.P.C., fixed at life.

The offense charged in the indictment and shown by the proof was robbery of Mary Ann Wiley, owner and operator of a grocery store in Dallas, on April 10, 1967. The prior conviction alleged for enhancement was on April 19, 1963, in Criminal District Court No. 3 of Dallas County for the...

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