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WILLIS v. STATE

No. 49249.

518 S.W.2d 247 (1975)

Marvin J. WILLIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 12, 1975.

Attorney(s) appearing for the Case

James W. Shoff, II, San Antonio, for appellant.

Ted Butler, Dist. Atty., Lucien B. Campbell, Bill Harris, Don Clowe and Douglas C. Young, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

BROWN, Commissioner.

This appeal is taken from a conviction for robbery by assault with firearms with punishment enhanced under Article 64, Vernon's Ann.P.C. The punishment assessed was life.

Appellant's first complaint is the refusal of the trial court to grant his plea of double jeopardy after the first trial of the case was terminated when the court declared a mistrial.

The record of the first trial reflects that the testimony...

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