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NORTHCUTT v. STATE

No. 44639.

478 S.W.2d 935 (1972)

H. L. NORTHCUTT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 3, 1972.

Attorney(s) appearing for the Case

James H. Miller, Dallas, for appellant.

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

OPINION

MORRISON, Judge.

The offense is robbery by assault; the punishment, twenty-two and one-half (22½) years.

The record reflects that D. W. Chapman testified that at approximately 11:30 P.M. on April 23, 1967, appellant and another man drove into the service station where he was the attendant on duty. When Chapman asked if he could help them, the man on the passenger side displayed a rifle and...

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