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JOHNSON v. STATE

No. 48480.

509 S.W.2d 639 (1974)

Johnny Ray JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 29, 1974.

Attorney(s) appearing for the Case

Melvyn Carson Bruder (court appointed), Dallas, for appellant.

Henry Wade, Dist. Atty., and William L. Hubbard, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

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

The appellant first complains that evidence of an extraneous offense was erroneously admitted. The State's proof shows that the appellant robbed the same victim on two occasions, both on the 15th and 29th of September, 1971.1 The appellant did not testify in the presence of the jury and presented no evidence in his...

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