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GATES v. STATE

No. 43082.

458 S.W.2d 676 (1970)

Walter Leonard GATES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 28, 1970.

Attorney(s) appearing for the Case

Dalton Gandy, Fort Worth, for appellant.

Frank Coffey, Dist. Atty., Truman Power, Ronald W. Quillin, George McManus, and Roger W. Crampton, Asst. District Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is robbery with firearms; the punishment, life.

The indictment alleged the robbery of Harles Glen McNeill. A prior conviction for murder with malice was alleged for enhancement (Art. 64 P.C.) and was admitted and proved.

Trial was before a jury on a plea of not guilty. The jury rejected appellant's defense of alibi and found him guilty.

Appellant...

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