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ARMSTRONG v. STATE

No. 46807.

502 S.W.2d 731 (1973)

Johnny ARMSTRONG, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 9, 1974.

Attorney(s) appearing for the Case

Kerry P. Fitzgerald (on appeal only) Dallas, for appellant.

Henry Wade, Dist. Atty., and James B. Scott, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

This is an appeal from a conviction for murder with malice. The jury assessed punishment at death.

The record reflects that at about 4:30 P.M. on September 16, 1970, two black males attempted to rob a Gulf Service Station located at the intersection of Erving Street and Clarendon Street in Dallas. During the course of the attempted robbery, two witnesses observed one of the robbers shoot the operator of the service station...

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