OPINION
WOODLEY, Presiding Judge.
The offense is robbery by assault; the punishment, 5 years.
The record on appeal filed in this court on March 17, 1970, is not accompanied by a brief for appellant filed in the trial court pursuant to Art. 40.09, Vernon's Ann.C.C.P.
The state's brief, filed in the trial court February 27, 1970, seeks affirmance of the conviction upon authority of Pruitt v. State, Tex.Cr.App.,
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