OPINION
GREEN, Commissioner.
This is an appeal from a conviction for robbery by assault. The punishment was assessed at 60 years.
Appellant does not challenge the sufficiency of the evidence to sustain the conviction.
The record discloses that on May 31, 1969, at about 6:15 o'clock P. M., Gene Blanton left Adam's Cafe in Dallas to go to his home to attend to some business. He was assaulted in an alley or pathway beside the cafe by appellant...
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