SMITH v. STATE

No. 49120.

516 S.W.2d 415 (1974)

Max Harold SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 11, 1974.


Attorney(s) appearing for the Case

Lawrence B. Mitchell and Chuck Miller, Dallas, for appellant.

Henry Wade, Dist. Atty., Richard W. Wilhelm, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

GREEN, Commissioner.

Appellant was convicted, in a trial before a jury, of robbery. Punishment was assessed at twenty-five years.

Considered in the light most favorable to the verdict, the record reflects that at about 7:45 P.M., on January 28, 1973, appellant by using a pistol robbed Ronnie Waldrop, the clerk in charge of a 7-Eleven store in Dallas, of money then under the care, custody and control of Waldrop.

Appellant did not testify...

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