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BLASSINGAME v. STATE

No. 44572.

477 S.W.2d 600 (1972)

James Richard BLASSINGAME, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 5, 1972.

Attorney(s) appearing for the Case

Bill W. Bailey, De Soto, for appellant.

Henry Wade, Dist. Atty., John B. Tolle and Edgar A. Mason, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The offense, robbery by assault; the punishment, fifty years imprisonment.

At approximately 8:00 p. m. on the night of October 20, 1969, an individual identified as the appellant, entered Jameson's Pharmacy in Oak Cliff, brandishing a double-barrel shotgun. After directing the employees to the area near the prescription case at the rear of the store, he told them to "freeze." He then instructed the pharmacist on duty...

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