NUNLEY v. STATE

No. 43819.

467 S.W.2d 452 (1971)

James Louis NUNLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 2, 1971.


Attorney(s) appearing for the Case

Bill Cannon, Houston, court appointed on appeal, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Richard Hoffman, Asst. Dist. Attys., Houston, 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 five years.

The indictment alleged that the appellant and Thomas Lee Mitchell, Jr., committed the robbery by assault upon Consteen Johnson on July 3, 1969. They were tried together, and both were convicted.

Consteen Johnson testified that on the day in question he was a cab driver in the city of Houston. The appellant and...

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