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LEONARD v. STATE

No. 44916.

481 S.W.2d 117 (1972)

Floyd James LEONARD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 28, 1972.

Attorney(s) appearing for the Case

Jan E. Hemphill, Dallas (On Appeal Only), for appellant.

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

OPINION

MORRISON, Judge.

The offense is robbery by assault; the punishment, fifty (50) years.

Appellant was indicted for robbery "... by using and exhibiting a firearm...."

On the date of the trial the State filed a written motion to dismiss the firearms portion of the indictment. There is no notation on the motion or the docket sheet to indicate whether it was granted. However, the record reflects that the court charged the jury, without...

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