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JACKSON v. STATE

No. 40224.

486 S.W.2d 764 (1972)

Jimmy Lee JACKSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 6, 1972.

Attorney(s) appearing for the Case

Charles Warren VanCleve, Arlington, for appellant.

Henry Wade, Dist. Atty., and James B. Scott, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

This is an out of time appeal from a conviction of robbery by assault.1 After the jury had returned a verdict of guilty, punishment was assessed by the court at sixty years.

Appellant contends that the evidence was insufficient to sustain the jury's verdict.

Ennis Smith, Jr., testified that about 11:00, on the night of February 11, 1966, he was walking toward his home in Dallas. In...

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