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IRVING v. STATE

No. 54675.

573 S.W.2d 5 (1978)

Arthur Daniel IRVING, Appellant, v. The STATE of Texas, Appellee.

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

Motion for Rehearing Denied November 29, 1978.

Attorney(s) appearing for the Case

Kerry P. Fitzgerald, Dallas, for appellant.

Henry Wade, Dist. Atty., Maridell J. Templeton, James K. Johnson and David C. Schick, Asst. Dist. Attys., Dallas, for the State.

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

State's Motion for Rehearing En Banc Denied November 29, 1978.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated robbery. Punishment was assessed at twenty years.

Karen Hinton, an employee of McDonald's restaurant on Lemmon Avenue in Dallas, identified appellant as the person who held the gun when three men robbed the manager, Steven Webb, on March 28, 1974. Webb was unable to make a positive identification of...

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