OPINION
GREEN, Commissioner.
Appellant was convicted in a jury trial of murder with malice of George Jones. His punishment was assessed by the jury at 40 years' confinement.
Prior to this trial, this appellant was convicted of robbery by assault of the same George Jones, which robbery occurred about 30 or 40 minutes before the acts occurred resulting in the death of Jones. See Lamberson v. State, Tex.Cr. App.,
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