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HAWKINS v. STATE

No. 42355.

447 S.W.2d 680 (1969)

Jefferson Davis HAWKINS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 17, 1969.

Attorney(s) appearing for the Case

E. Brice Cunningham and Levi Curl, Dallas, on appeal only, for appellant.

Henry Wade, Dist. Atty., John Tolle, Camille Elliott and Jim Finstrom, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is robbery with firearms; the punishment, 25 years.

The complaining witness in this case was in a motel room with his fiancee about 4:15 a. m. on October 1, 1967, when the appellant entered the room holding a pistol. Both the witness and his fiancee were undressed. The appellant instructed the witness' fiancee to get dressed and come with him. He then took the witness' pants,

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