JOHNSON v. STATE

No. 45851.

494 S.W.2d 870 (1973)

Jimmy Charles JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 13, 1973.


Attorney(s) appearing for the Case

Lindley Gary Beckworth, Jr., Longview, for appellant.

Ralph Prince, Dist. Atty., and Ebb B. Mobley, Asst. Dist. Atty., Longview, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

ONION, Presiding Judge.

The appeal stems from a conviction for robbery by assault wherein the punishment was assessed at 35 years.

The record reflects that Esther Close, Assistant Manager of a Cabell's Seven-Eleven Store, was robbed at gunpoint by the appellant of approximately $305.00 about 8:15 p. m. on September 17, 1971 in the City of Kilgore while she was alone in the store.

At the outset, appellant contends the court erred in...

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