OPINION
ODOM, Judge.
This is an appeal from a conviction for the offense of robbery with firearms. The state filed its intention not to seek the death penalty. The punishment assessed by a jury was 40 years.
The record reflects that late on the evening of September 3, 1968, David Anderson, an employee of a 7-11 Grocery Store in Dallas, who was alone in the store, was "counting the money and getting ready to close out," when appellant and another...
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