HOWARD v. STATE

No. 38052.

389 S.W.2d 669 (1965)

Clifton Joseph HOWARD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 19, 1965.


Attorney(s) appearing for the Case

No attorney of record on appeal for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, James C. Brough and J. R. Mussle-white, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is assault with intent to rob as denounced by Article 1163, Vernon's Ann.P.C., with one prior non-capital felony alleged for enhancement; the punishment, 10 years.

The statement of facts found in the record bears the approval of counsel for the appellant and for the State, but is not approved by the trial judge. The statement of facts, not approved by the trial judge, cannot be considered, because it was not filed within ninety...

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