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BROWN v. STATE

No. 46432.

496 S.W.2d 640 (1973)

Johnny Mack BROWN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 17, 1973.

Attorney(s) appearing for the Case

W. John Allison, Jr., Dallas (On appeal only), for appellant.

Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for robbery by firearms; the punishment, assessed at death, has now been commuted by executive authority to ninety-nine years imprisonment.

The sole contention raised is that the mandatory provisions of Article 34.04, Vernon's Ann.C.C.P. were violated. We disagree and affirm.

Article 34.04, V.A.C.C.P., in pertinent part, provides:

"No defendant in a capital case shall be brought to trial...

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