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DOBY v. STATE

No. 42825.

455 S.W.2d 278 (1970)

Calvin Troyce DOBY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 24, 1970.

Attorney(s) appearing for the Case

Nelson S. Hargrove, Jerry P. Payne, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Erwin G. Ernst, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

The conviction is for robbery by assault; the punishment, enhanced under Article 62, Vernon's Ann.P.C., was assessed by the jury at life.

It was alleged in the indictment that John W. Moore had the care, control and custody of the money that was taken. The proof shows that two men robbed the Homestead State Bank in Houston of some $34,000. A well prepared summary of the pertinent facts as contained in the State's brief (omitting...

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