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DEARS v. STATE

No. 47646.

506 S.W.2d 606 (1974)

George DEARS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 27, 1974.

Attorney(s) appearing for the Case

Jake C. Cook (Court-appointed), Fort Worth, for appellant.

Tim Curry, Dist. Atty., Robert A. Sewell, Billy D. Mills, William A. Knapp, Asst. Dist. Attys., Fort Worth, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for robbery; the punishment, imprisonment for eighty years.

The sufficiency of the evidence is challenged. It is also urged that the trial court erred in not instructing the jury that the witness Moody was an accomplice witness as a matter of law and in failing to grant a mistrial because the prosecutor during jury argument "misquoted the complaining witness...

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