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MOSLEY v. STATE

No. 45603.

490 S.W.2d 842 (1973)

Kenneth Don MOSLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 14, 1973.

Attorney(s) appearing for the Case

Mullinax, Wells, Mauzy & Baab, Inc., by G. William Baab, Dallas, for appellant.

Henry Wade, Dist. Atty. and Robert T. Baskett, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This appeal arises out of a conviction for robbery by assault where the punishment, enhanced under the provisions of Article 62, Vernon's Ann.P.C., was assessed at life.

In his sole ground of error appellant contends the trial court erred at the penalty stage of the trial in failing to respond to his objection and instruct the jurors that they were not to consider the prior conviction alleged for enhancement if they...

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