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JOHNSON v. STATE

No. 43429.

463 S.W.2d 736 (1971)

Henry Lee JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 17, 1971.

Attorney(s) appearing for the Case

Herbert Green, Jr., Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., W. T. Westmoreland, Jr., and Edgar A. Mason, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for robbery by assault. The punishment, enhanced under the provisions of Article 62, Vernon's Ann.P.C., was assessed at life.

At the outset we observe that the appellant challenges the sufficiency of the evidence to sustain the conviction.

Edward Lee Dubrul, assistant manager of a Cabell Drive In store in the city of Dallas, testified that on January 9, 1968, at about 8:30...

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