EX PARTE NICHOLS

No. 60380.

604 S.W.2d 81 (1980)

Ex parte Rush O. NICHOLS.

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

Rehearing Denied July 3, 1979.

Motion for Rehearing Denied September 24, 1980.


Attorney(s) appearing for the Case

Albert S. Low, Jr., Houston, for appellant.

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

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


Rehearing En Banc Denied July 3, 1979.

State's Motion for Rehearing Denied September 24, 1980.

OPINION

ONION, Presiding Judge.

This is a post-conviction habeas corpus proceeding instituted under the provisions of Article 11.07, V.A.C.C.P.

In 1973 petitioner was convicted by a jury for the primary offense of robbery by assault. At the punishment phase of the trial, the jury found that, prior to the commission of the primary offense...

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