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ELLISON v. STATE

No. 56731.

579 S.W.2d 928 (1979)

Fred Thomas ELLISON, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

April 25, 1979.

Attorney(s) appearing for the Case

E. Neil Lane, Houston, for appellant.

Carol S. Vance, Dist. Atty., Lupe Salinas and Robert A. Moen, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P.J., and ROBERTS and W. C. DAVIS, JJ.

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for aggravated robbery, wherein the punishment, enhanced by two prior convictions, was assessed at life.

By supplemental brief, appellant urges fundamental error, in that the charge to the jury authorized a conviction under every conceivable theory under V.T.C.A. Penal Code, Sec. 29.02 and Sec. 29.03, rather than limiting it to the theory...

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