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POLK v. STATE

No. 46567.

500 S.W.2d 535 (1973)

Joe Kenneth POLK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 24, 1973.

Attorney(s) appearing for the Case

Jerry J. Loftin, Fort Worth, for appellant.

Tim Curry, Dist. Atty., M. R. Thomas, T. J. Haire, Jr., and R. W. Crampton, Asst. Dist. Attys., Fort Worth, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

QUENTIN KEITH, Commissioner.

Appellant was convicted of robbery with firearms and the jury assessed his punishment at confinement for 75 years.

The first count in the indictment charged the appellant with the robbery of Kenneth Jacocks by the use of firearms; the second count charged robbery by assault and violence. The evidence showed that on the night of December 2, 1971, Jacocks and another employee of the Fish and Chips Restaurant in...

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