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FRAZIER v. STATE

No. 54797.

576 S.W.2d 617 (1978)

Jessie W. FRAZIER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied February 21, 1979.

Attorney(s) appearing for the Case

E. K. Peticolas—on appeal only—El Paso, for appellant.

Steve W. Simmons, Dist. Atty. and Thomas C. Roepke, Asst. Dist. Atty., El Paso, for the State.

Before ROBERTS, ODOM and TOM G. DAVIS, JJ.

Rehearing En Banc Denied February 21, 1979.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery. Upon a plea of not guilty, appellant was convicted by a jury which assessed punishment at five years' imprisonment.

Appellant urges that the court erred in failing to include in its charge an instruction on the law of circumstantial evidence. We agree and reverse the judgment of conviction.

The record reflects that...

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