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MILLER v. STATE

No. 43517.

465 S.W.2d 150 (1971)

Richard Lee MILLER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 20, 1971.

Attorney(s) appearing for the Case

William H. Shields, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schultz, 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

MORRISON, Judge.

The offense is robbery with firearms; the punishment, ninety-nine (99) years upon a plea of guilty.

The sole question is the propriety of the State's argument. The court reporter was not called for until counsel for the appellant requested that he take the remainder of the argument. It appears from what is before us that the jury was qualified on their willingness to assess a punishment at five hundred years, but the prosecutor...

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