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PRESTON v. STATE

No. 45109.

481 S.W.2d 408 (1972)

Johnny Dale PRESTON, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 21, 1972.

Attorney(s) appearing for the Case

John Cutler, Jim Skelton, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Tom Henderson, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for robbery by assault. Punishment was assessed by the jury at five years.

Appellant's sole contention is that the court erred in not admitting into evidence, at the time it was offered, the time card of Joe Myer's Ford Company for the appellant on the day in question.

Edna Faye Baylor identified appellant as the person who robbed her at gun point while she was working at Lipp...

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