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YATES v. STATE

No. 45286.

488 S.W.2d 463 (1972)

Elmer Gerald YATES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 17, 1973.

Attorney(s) appearing for the Case

John Emmett, Dallas, for appellant.

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

OPINION

ONION, Presiding Judge.

This appeal results from a robbery by assault conviction wherein the punishment was assessed at 25 years.

The sufficiency of the evidence is not challenged.

The record reflects that Norman Shipley, the complaining witness and an employee of Southland Corporation, testified that on the morning of June 26, 1969, he had gone to several 7-11 drive-in grocery stores to collect the previous day's receipts to deposit...

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