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BENJAMIN v. STATE

No. 43890.

468 S.W.2d 88 (1971)

Staveson BENJAMIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 9, 1971.

Attorney(s) appearing for the Case

Alfred J. Bonner, Houston, for appellant.

Carol S. Vance, Dist. Atty., William W. Burge, James C. Brough and Robert C. Floyd, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is robbery by assault with two prior non-capital felony convictions alleged for enhancement; the punishment, life.

The sole ground of error is that the State failed to prove that appellant was the same person who had been convicted in the prior offenses alleged for enhancement. The indictment alleged a prior conviction in Cause No. 59,538 in Criminal District Court #2 of Harris County in 1948, and a conviction...

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