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ROGERS v. STATE

No. 45217.

484 S.W.2d 708 (1972)

Ira ROGERS, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 25, 1972.

Attorney(s) appearing for the Case

Polk Shelton, II, Austin, for appellant.

Robert O. Smith, Dist. Atty., and Michael J. McCormick, Asst. Dist. Atty., Austin, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for robbery by assault. Punishment was assessed by the jury at fifteen years.

The record reflects that John David Gardiner identified appellant as the person who robbed him at gun point while he was working at Jack Ritter's Service Station, at 2718 Guadalupe Street in Austin, on the evening of March 1, 1971.

Appellant contends that the court was in error in allowing proof of...

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