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SCOTT v. STATE

No. 56091.

597 S.W.2d 755 (1979)

Calvin SCOTT, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied May 14, 1980.

Attorney(s) appearing for the Case

Phillip O. Vick, Denton, for appellant.

John E. Lawhon, County Atty., and Freddie Dean Marsh, Asst. County Atty., Denton, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, ROBERTS and ODOM, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated robbery. Punishment was enhanced to life in prison. Appellant complains that the trial court erred in refusing to reopen the case after both sides closed so that he could offer an alibi witness.

After both sides closed at the end of the first day of trial and court was adjourned until 9:00 a. m. the next morning, appellant filed a motion to reopen1

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