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SIMPSON v. STATE

No. 42731.

455 S.W.2d 290 (1970)

Tom SIMPSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 2, 1970.

Attorney(s) appearing for the Case

Tom Henson, Tyler, for appellant.

Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ON MOTION TO REINSTATE

DOUGLAS, Judge.

The conviction is for assault with intent to rob; the punishment, four years.

This appeal was dismissed, because it was not shown that notice of appeal was given within ten days after the sentence was pronounced. It has been made to appear that notice of appeal was given in open court within the time prescribed by Article 44.08(c), Vernon's Ann.C.C.P., and the appeal is now reinstated.

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