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GIBBS v. STATE

No. 44157.

473 S.W.2d 208 (1971)

Walter Larry GIBBS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 14, 1971.

Attorney(s) appearing for the Case

Percy Foreman, Houston, (on appeal only), for appellant.

Carol S. Vance, Dist. Atty., William W. Burge, Asst. Dist. Atty., Houston, 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. After a verdict of guilty by the jury, the judge assessed the punishment at twenty-five years.

The indictment charged the appellant with robbery by assault of Katherine Scopel. A paragraph of the indictment alleged that appellant had been convicted on the 16th of December, 1966, in the Criminal District Court No. 3 of Harris County, Texas, in Cause No. 123078 for...

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