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ROBINSON v. STATE

No. 60096.

596 S.W.2d 130 (1980)

Charles Chuck ROBINSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearings Denied April 9, 1980.

Attorney(s) appearing for the Case

Clyde W. Woody, Houston, for appellant.

Carol S. Vance, Dist. Atty., Michael Kuhn and Keno M. Henderson, Jr., Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON STATE'S MOTION FOR REHEARING

CLINTON, Judge.

Withdrawn is the prior panel opinion. It believed that the jury instruction applying the law of aggravated robbery to the facts of this case, which deleted the word "imminent" from one of the essential elements of robbery as alleged—that the accused threatened or placed the complaining witness in fear of imminent bodily injury or death—constituted fundamental error. The panel treated...

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