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WATSON v. STATE

No. 50912.

532 S.W.2d 619 (1976)

Randle Ross WATSON, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 3, 1976.

Attorney(s) appearing for the Case

Barbara C. Crampton and Robert G. Estrada, Wichita Falls, for appellant.

Timothy Eyssen, Dist. Atty. and James B. Ammons, Asst. Dist. Atty., Wichita Falls, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This appeal is taken from a conviction for robbery. The punishment, enhanced under V.T.C.A. Penal Code, Sec. 12.42, by the allegations and proof of a prior felony conviction for the sale of heroin, was assessed at forty (40) years.

At the outset, we shall consider the request of appellant's counsel that we consider as unassigned error "in the interest of justice" the indictment is fundamentally defective. Appellant...

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