DEGAY v. STATE

No. 43011.

455 S.W.2d 205 (1970)

Frank W. DEGAY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas

June 10, 1970.


Attorney(s) appearing for the Case

S. Benton Davies, Jr., San Antonio, for appellant.

Ted Butler, Dist. Atty., Charles Butts, Bill White and Sparta Bitsis, Asst. Dist. Attys., San Antonio, Tex., and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ONION, Judge.

The offense is robbery by assault; the punishment, 10 years' confinement in the Texas Department of Corrections.

On August 13, 1969, when this cause was called for trial the State waived and abandoned the second and third paragraphs of the indictment alleging prior non-capital felony convictions for the purpose of enhancement. The careful trial judge inquired of the appellant and...

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