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SUTTON v. STATE

No. 45339.

495 S.W.2d 912 (1972)

Donald SUTTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 27, 1973.

Attorney(s) appearing for the Case

James P. Finstrom, Paul Chitwood, Dallas, for appellant.

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

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for robbery. After the jury returned a verdict of guilty, punishment was assessed by the court at life.

The sufficiency of the evidence is not challenged.

At the outset, appellant contends1 the court erred when it refused to charge the jury in accordance with his written request that "if the jury finds that the single rationally conceivable issue...

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