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WALKER v. STATE

No. 44141.

473 S.W.2d 497 (1971)

Gene Edward WALKER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 21, 1971.

Attorney(s) appearing for the Case

Don Raven, Austin, for appellant.

Robert O. Smith, Dist. Atty., Robert A. Huttash and Lawrence Wells, Asst. Dist. Attys., Austin, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for robbery by assault with punishment assessed at life.

Appellant was indicted in a two-count indictment alleging murder with malice and robbery with firearms. The State had given notice that it would seek the death penalty. Prior to trial the State withdrew its notice to seek the death penalty and moved to dismiss the firearms portion of the second count of the indictment alleging robbery with firearms...

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