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GIPSON v. STATE

Nos. 47246, 47247.

503 S.W.2d 796 (1974)

Edward James GIPSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 6, 1974.

Attorney(s) appearing for the Case

James P. Finstrom, Dallas, for appellant.

Henry Wade, Dist. Atty., W. T. Westmoreland, Jr., Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

Appellant was tried in one trial before a jury on his pleas of not guilty on three separate indictments charging, respectively, rape, robbery with firearms, and murder with malice of Zelphia Daniel Childs. He was found guilty of robbery by assault, and of murder with malice, but the jury failed to agree with respect to the charge of rape, and was dismissed as to that case. The court set the punishment at 100 years in each of...

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