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CASIAS v. STATE

No. 42817.

452 S.W.2d 483 (1970)

Emilio Gutierrez CASIAS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 1, 1970.

Attorney(s) appearing for the Case

Joe V. Boerner, Jr., Lubbock (Court Appointed on Appeal), John R. McFall, Lubbock (Court Appointed on Appeal), for appellant.

Blair Cherry, Jr., Dist. Atty., and Robert B. Wilson, Asst. Dist. Atty., Lubbock, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

The offense is robbery by assault; the punishment, life.

Appellant contends the State failed to prove the corpus delicti and the evidence is insufficient to sustain the conviction.

Omitting the formal parts, the indictment charged that appellant on or about November 1, 1967,

"did then and there unlawfully in the County and State aforesaid, in and upon Mrs. J. H. Wilson...

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