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KELLY v. STATE

No. 44052.

471 S.W.2d 65 (1971)

Emmett Julian KELLY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 20, 1971.

Attorney(s) appearing for the Case

John W. Overton, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Robert R. Scott, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction before a jury for the offense of robbery by assault. The court assessed the punishment at thirty-five years.

The sufficiency of the evidence is not challenged.

Eyewitnesses identified the appellant as the armed robber of Helen S. Jew, an employee of the Asia Food Market in Houston.

The sole complaint is that the court erred in overruling...

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