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COOPER v. STATE

No. 44085.

470 S.W.2d 702 (1971)

Francis COOPER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 16, 1971.

Attorney(s) appearing for the Case

James P. Finstrom, Dallas, for appellant.

Henry Wade, Dist. Atty., James S. Moss, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery by assault; trial was before a jury on a plea of guilty and punishment was assessed at 30 years.

The indictment alleged that on April 12, 1970, the appellant and Rudolph Payton, Jr., Charles Walton, and Forest Woods, Jr., acting together, robbed Efren De Hoyos by using a firearm and fraudulently took $100. On August 12, 1970, while the indictment still alleged robbery by firearms...

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