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DAVID v. STATE

No. 42663.

453 S.W.2d 172 (1970)

Roy Earl DAVID, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 13, 1970.

Attorney(s) appearing for the Case

Johnnie Abercia, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Thomas C. Dunn, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

The offense is murder; the punishment, death.

The record reflects that shortly before midnight on April 10, 1967, the appellant and one Cornelius Tea entered a drive-in grocery in Harris County, Texas. The lone attendant, Mrs. Judy Moss, recognized them as having been in the store a few minutes earlier. The appellant placed a pistol to her head and forced her to the cash register from which he took money as well as from under...

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