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McELWEE v. STATE

No. 45846.

493 S.W.2d 876 (1973)

Arthur McELWEE, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 16, 1973.

Attorney(s) appearing for the Case

Laird Palmer, Austin, for appellant.

Robert O. Smith, Dist. Atty., Michael J. McCormick, Asst. Dist. Atty., Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

This is a companion case to Dickson v. State, Tex.Cr.App., 492 S.W.2d 268 (1973).

This appeal is from a conviction of robbery with firearms; the punishment was assessed at three hundred (300) years.

Charles Henderson testified that he was manager of the Stop `N Go Market at 2001 East Nineteenth Street, Austin. At about 7:20 A.M. on January 23, 1971, while he was alone in the store, a man opened the front door...

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