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ALLEN v. STATE

No. 55564.

559 S.W.2d 656 (1977)

Robert D. ALLEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Motion for Rehearing Denied January 11, 1978.

Attorney(s) appearing for the Case

Andrew B. Logan, San Antonio, for appellant.

Bill M. White, Dist. Atty., Larry R. Linnartz and Bennie F. Steinhauser, Jr., Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., Austin, for the State.

State's Motion for Rehearing Denied January 11, 1978.

OPINION

PHILLIPS, Judge.

Appellant pleaded guilty to the offense of aggravated assault and the court assessed punishment at four years' confinement.

Appellant contends the evidence is insufficient and the trial court erred in failing to set aside the plea of guilty when evidence indicating his innocence was admitted.

Appellant waived his right to be charged by indictment and pleaded...

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