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STUTES v. STATE

No. 50158.

530 S.W.2d 309 (1975)

David Ray STUTES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 3, 1975.

Attorney(s) appearing for the Case

Paul W. Jones, Jr., Austin, on appeal only for appellant.

Robert O. Smith, Dist. Atty., David A. Sheppard, Asst. Dist. Atty., Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery by firearms.1 Appellant was tried before a jury and received a sentence of fifteen (15) years' imprisonment. The offense took place on August 8, 1973 and trial began on November 12, 1973.

The evidence showed that appellant robbed Charles Schreiber, assistant manager of the Safeway Food Store at 5335 Airport in Austin at gun point on August 8, 1973...

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