FRANKLIN v. STATE

No. 12-84-0088-CR.

733 S.W.2d 537 (1985)

Rickey FRANKLIN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Tyler.

Discretionary Review Denied October 15, 1986.


Attorney(s) appearing for the Case

Barry John Brooks, Lufkin, for appellant.

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


BILL BASS, Justice.

The jury convicted appellant of unauthorized use of a vehicle but acquitted him of the charge that he failed to remain at the scene of the accident and render aid. His punishment (enhanced under TEX.PENAL CODE ANN. § 12.42[d] [Vernon Supp. 1985]) was assessed by the court at thirty years. Appellant contends that the court erred when it: (1) enforced "the rule" by refusing to allow two alibi witnesses to testify for the defense;

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