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MARTIN v. STATE

No. 42507.

449 S.W.2d 257 (1970)

Leroy MARTIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 21, 1970.

Attorney(s) appearing for the Case

Dalton C. Gandy, Fort Worth (court appointed), for appellant.

Frank Coffey, Dist. Atty., Truman Power, Ronald W. Quillin, George McManus and Roger W. Crampton, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

The offense is robbery by assault; the punishment, 15 years.

Shortly after midnight on Saturday, February 10, 1968, T. E. Pilcher, a cab driver, discharged a passenger at the intersection of Exchange and North Main in the City of Fort Worth and a new fare, Johnny Shaw, entered his cab. At this point appellant and his companion Benson approached Pilcher requesting he take them to Eagle Mountain and insisting they would first...

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