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WALKER v. STATE

No. 52617.

543 S.W.2d 634 (1976)

Joseph Mark WALKER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 15, 1976.

Attorney(s) appearing for the Case

Calvin A. Hartmann, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough, Ned B. Morris, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for aggravated robbery. Punishment was assessed by the jury at ten years.

Helen Ortega, night manager of the Seven-Eleven store on Bauman Street in Houston, was coming out of the back room of the store on October 3, 1974, when she was "caught by surprise" by "two white males." Ortega identified appellant as the one who "pulls out his gun and points at me" and "tells me to open the cash...

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