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BROWN v. STATE

No. 63641.

595 S.W.2d 550 (1980)

Jerry Jerome BROWN, Appellant, v. The STATE of Texas, Appellee.

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

March 19, 1980.

Attorney(s) appearing for the Case

James M. Murphy, Dallas, for appellant.

Odis R. Hill, Dist. Atty. and Jules Gene Bailey, Asst. Dist. Atty., Longview, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and ODOM and W. C. DAVIS, JJ.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for the offense of robbery. V.T.C.A., Penal Code, § 29.02. The jury assessed punishment at imprisonment in the Texas Department of Corrections for fifteen (15) years.1

In a single ground of error, appellant contends that the charge given to the jury at the guilt-innocence stage of the trial authorized the conviction on a theory not alleged in the...

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