MADDEN v. STATE

No. 11-81-072-CR.

628 S.W.2d 161 (1982)

Michael William MADDEN, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Eastland.

Discretionary Review Refused May 5, 1982.


Attorney(s) appearing for the Case

William F. Alexander, Tucker, Gano & Alexander, Dallas, for appellant.

Henry Wade, Dist. Atty., Dallas, for appellee.


McCLOUD, Chief Justice.

This is an appeal from an aggravated robbery conviction. The jury assessed punishment, enhanced by a prior felony conviction, at imprisonment for 16 years.

On September 1, 1979, James N. Porter, a pharmacist at a Page Super Drug Store, approached appellant to help him make a selection at the vitamin counter. Porter showed appellant two or three different vitamins, and as Porter started to walk away, appellant "shoved" a screwdriver...

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