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HURLEY v. STATE

No. 59410.

606 S.W.2d 887 (1980)

Danny HURLEY, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied November 12, 1980.

Attorney(s) appearing for the Case

John D. Byers, Sulphur Springs, for appellant.

Robert Huttash, State's Atty., Austin, for the State.

Before ROBERTS, PHILLIPS and DALLY, JJ., and KEITH, Commissioner.

OPINION

KEITH, Commissioner.

Defendant was indicted for robbery of Jose Martinez while exhibiting a pistol. The cause was consolidated with a case against one D. M. Jones which charged the same offense against Martinez at the same time and place. Both defendants pleaded not guilty and sought probation from the jury. The jury found both to be guilty of robbery by assault and assessed the punishment of Jones at six years, probated, and that of appellant at...

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