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JONES v. STATE

No. 46828.

501 S.W.2d 677 (1973)

Ollie James JONES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 12, 1973.

Attorney(s) appearing for the Case

Stanley I. Weinberg, Dallas (Court appointed on appeal only), for appellant.

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

OPINION

DALLY, Commissioner.

The conviction is for robbery by assault; the punishment, life imprisonment.

In the early morning of March 10, 1971, James Elmer Clark was working at Brock's Produce in Dallas. Two males walked into the store and one asked for an apple. After paying for the apple, that man displayed a pistol and said: "This is a stick-up." Clark testified that he stepped sideways and was shot through the hand. He pulled a pistol from...

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