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MOORE v. STATE

No. 43784.

466 S.W.2d 289 (1971)

Henry Demps MOORE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 5, 1971.

Attorney(s) appearing for the Case

Harry H. Walsh, Roy E. Greenwood, Huntsville, for appellant.

Martin D. Eichelberger, Dist. Atty., Frank M. Fitzpatrick, Jr., Kenneth H. Crow, James R. Barlow and Walter D. Ketler, Asst. Dist. Attys., Waco, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an out-of-time appeal from a conviction for robbery by assault.

The indictment was returned on December 7, 1967 charging the appellant with the robbery of George Gaines on July 21, 1967. The indictment alleged (for enhancement purposes) that the appellant had been convicted of a "felony less than capital and one of like character as alleged against him in the first paragraph hereof, to-wit: Robbery by Assault."

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