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SMITH v. STATE

No. 59003.

570 S.W.2d 958 (1978)

Marvin SMITH, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

September 20, 1978.

Attorney(s) appearing for the Case

No appearance for appellant.

No appearance for appellee.

Before ONION, P. J., and PHILLIPS and TOM G. DAVIS, JJ.

OPINION

TOM G. DAVIS, Judge.

Appellant was convicted by a jury for aggravated robbery. The jury assessed punishment at imprisonment for 40 years. From a judgment and sentence reciting that appellant was convicted of "attempted aggravated robbery," appellant gave notice of appeal.

The indictment alleged the offense of aggravated robbery under V.T.C.A., Penal Code, Sections 29.02(a)(2) and 29.03(a)(2). In...

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