OPINION
ONION, Judge.
The offense is robbery by assault; the punishment, 35 years' confinement in the Texas Department of Corrections.
The indictment in Cause No. C-67-852-JI charged the offense of robbery by assault with a firearm. On September 15, 1967, the State by written motion, approved by the court, waived and abandoned the capital feature of the indictment. On that same date
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