CROSS v. STATE

No. 44429.

474 S.W.2d 216 (1971)

James Lee CROSS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 21, 1971.


Attorney(s) appearing for the Case

E. Brice Cunningham, Dallas, for appellant.

Henry Wade, Dist. Atty., Robert T. Baskett, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

This is an appeal from a robbery conviction where the punishment was assessed by the jury at 50 years following appellant's plea of guilty.

In his sole ground of error appellant contends, as we understand it, that there is a fatal variance between the indictment which charged the offense of robbery by assault with firearms and the verdict, judgment and sentence reflecting that appellant had been found guilty of robbery by...

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