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RUSSELL v. STATE

No. 57906.

604 S.W.2d 914 (1980)

James RUSSELL aka Sugarman Russell aka Sugarman, Appellant, v. The STATE of Texas, Appellee.

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

September 10, 1980.

Attorney(s) appearing for the Case

Randolph L. Schaffer, Jr., C. C. Divine, Houston, for appellant.

Carol S. Vance, Dist. Atty., and Calvin A. Hartmann and Ken Sparks, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P.J., and ROBERTS and CLINTON, JJ.

OPINION

CLINTON, Judge.

Indicted for robbery by assault denounced by Article 1408 of the former penal code, appellant entered a plea of not guilty to a jury that found him guilty and assessed punishment. He is before us represented by two lawyers, each of whom has filed a comprehensive brief in his behalf.1

The most vigorously contested issue in the case is first presented. It concerns a pre-trial ruling by the...

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