MOORE v. STATE

No. 44851.

480 S.W.2d 728 (1972)

Charles Edward MOORE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 21, 1972.


Attorney(s) appearing for the Case

Don Metcalfe, Dallas (Court Appointed on Appeal), for appellant.

Henry Wade, Dist. Atty., W. T. Westmoreland, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

DALLY, Commissioner.

The conviction is for robbery by assault; the punishment, sixty years imprisonment.

Four men, including the appellant, drove into a service station at approximately 10:00 p. m. on March 20, 1970. Lester Heiny was the only attendant on duty at the service station. The appellant and his companions purchased one dollar's worth of gasoline. They then asked Heiny to put two quarts...

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