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GILMORE v. STATE

No. 46081.

493 S.W.2d 163 (1973)

Ralph Cleveland GILMORE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 9, 1973.

Attorney(s) appearing for the Case

Ken L. Sanders, Houston, Marvin O. Teague (on appeal only), Houston, for appellant.

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

OPINION

GREEN, Commissioner.

The appeal is from a conviction of robbery by assault. The punishment was assessed at ten years.

The record reflects that at about 5:00 P.M., on January 3, 1970, three men entered the grocery store of John Pizzo in Houston and robbed Pizzo of approximately $200.00. One of the robbers, identified by Pizzo and his wife and other witnesses as the appellant, exhibited a pistol and stated: "God damn. It's a stick up. Don't...

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