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CARTER v. STATE

No. 52550.

550 S.W.2d 282 (1977)

Andrew CARTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 25, 1977.

Attorney(s) appearing for the Case

Don W. King, Jr., San Antonio, for appellant.

Ted Butler, Dist. Atty., E. Dickinson Ryman, Sidney W. Cowan, Jr. and H. Wayne Campbell, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty. and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

Carter was convicted under Article 1408 of the former penal code for the offense of robbery by assault. After the court assessed the enhanced punishment at life, Carter gave notice of appeal.

The sufficiency of the evidence is not challenged. On February 20, 1973, appellant and a co-defendant, Jones,1 entered a jewelry store in San Antonio, and at gun point took from Elfriede Rhodes diamonds of...

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