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BENSON v. STATE

No. 46391.

496 S.W.2d 68 (1973)

Tommy Gerald BENSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 11, 1973.

Attorney(s) appearing for the Case

Ruth Jackson Blake, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and John Holmes, Jr., Houston, Asst. Dist. Attys., Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

This is an appeal from a conviction of robbery by assault, in which punishment enhanced under the provisions of Article 62, Vernon's Ann.P.C., was assessed at life imprisonment.

Appellant does not question the sufficiency of the evidence to support the conviction. The evidence reflects that about 9:15 P.M. on June 22, 1970, three males robbed Karl Matejka, an employee of Jack-in-the-Box No. 658, of money by exhibiting...

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