MARSHBURN v. STATE

No. 45590.

491 S.W.2d 663 (1973)

Tommy Preston MARSHBURN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 21, 1973.


Attorney(s) appearing for the Case

Emmett Colvin, Jr., and Lawrence B. Mitchell, Dallas, for appellant.

Henry Wade, Dist. Atty., Jerome L. Croston and Harry J. Schulz, Jr., Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

DICE, Commissioner.

Appellant and a co-defendant Jerry Lee Johnson were jointly tried for the offense of robbery. This is an appeal by appellant from his conviction with punishment assessed by the jury at seventy-five (75) years confinement in the Texas Department of Corrections.

The facts, as set out in appellant's brief and approved by the State in its brief, are as follows:

"At 1:00 or 1:30 A.M. on 11/5/70, the appellant and Jerry...

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