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BROWNING v. STATE

No. 45385.

488 S.W.2d 804 (1972)

Donald Ray BROWNING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 17, 1973.

Attorney(s) appearing for the Case

Abney, Burleson, Bondies, Conner & Mills, by James A. Mills, Jr., Dallas, for appellant.

Henry Wade, Dist. Atty. and Jerome L. Croston, Asst. Dist. Atty., Dallas and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of robbery by assault; the punishment, enhanced under Article 62, Vernon's Ann.P.C., life.

The record reflects that the appellant and Billy Charles Green robbed Travis C. Lundy at a drive-in grocery store in Dallas, where Lundy was working as the assistant manager. The appellant and Green, in company with two women, were arrested as they were fleeing from a robbery which had been...

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