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BOLTON v. STATE

No. 56289.

576 S.W.2d 648 (1979)

Robert Lee BOLTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

March 7, 1979.

Attorney(s) appearing for the Case

Ray A. Bass, III, Houston, for appellant.

Carol S. Vance, Dist. Atty., Alvin M. Titus and Gerald Flatten, Asst. Dist. Attys., Houston, for the State.

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

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for aggravated robbery. Upon a finding that the two allegations of prior final convictions were true, the penalty was assessed at life imprisonment.

At the outset we note fundamental error in the court's charge to the jury wherein it applies the law of the State to the facts of this cause. Omitting the formal parts, the indictment in the instant...

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