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GARNER v. STATE

No. 43466.

464 S.W.2d 111 (1971)

Tommy Lee GARNER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 10, 1971.

Attorney(s) appearing for the Case

Robert M. Jones, 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

DOUGLAS, Judge.

This is an appeal from a conviction for robbery by assault. The punishment was assessed by the jury at ten years.

The record reflects that appellant, at approximately 8:30 p. m., robbed Charles Davis, a sixteen-year-old boy, at knife point of some $7.00 dollars. Davis, at a safe distance, followed appellant and saw him buy some Thunderbird wine at a liquor store. Davis then rode his bicycle to his sister's house and at approximately...

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