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CLEMONS v. STATE

No. 48022.

505 S.W.2d 582 (1974)

Jackie Albert CLEMONS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 6, 1974.

Attorney(s) appearing for the Case

Billy J. Earley, Nacogdoches, for appellant.

Jim D. Vollers, State's Atty., Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is robbery; the punishment, one hundred fifty (150) years.

Appellant first contends that he was placed on trial to an indictment which had been dismissed. The record reflects that count two of the indictment which charged a prior conviction alleged for enhancement was ordered dismissed prior to trial and the primary count charging this offense remained. When this case was called for trial appellant made no further...

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