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BURNS v. STATE

No. 34117.

470 S.W.2d 867 (1971)

Donald Wayne BURNS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 13, 1971.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas, on out of time appeal only, for appellant.

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

OPINION

ROBERTS, Judge.

This is an out-of-time appeal from a conviction for the offense of robbery by the use of a firearm; punishment was assessed at 50 years. An out-of-time appeal has also been granted in Cause Number 34,118, a companion case, 470 S.W.2d 869 Both cases were tried in 1961.

The sufficiency of the evidence is not challenged.

Appellant contends...

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