SMITH v. STATE

No. 43762.

468 S.W.2d 448 (1971)

Melvin SMITH, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 14, 1971.


Attorney(s) appearing for the Case

Clyde Gordon, Jr., Houston, for appellant.

D. Brooks Cofer, Jr., Dist. Atty., Bryan, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery by assault; the jury assessed the punishment at 30 years.

The evidence, viewed most favorably to the jury's verdict, reflects that at approximately 4:30 p.m., on the afternoon of February 4, 1969 two men robbed Joe Shaffer, owner and manager of Redmond Terrace Drugs in College Station. The two men came in the store briefly and looked at some merchandise. A few minutes later they...

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