Brown v. State

OPINION

DALLY, Commissioner.

The conviction is for robbery by firearms; the punishment, assessed at death, has now been commuted by executive authority to ninety-nine years imprisonment.

The sole contention raised is that the mandatory provisions of Article 34.04, Vernon’s Ann.C.C.P. were violated. We disagree and affirm.

Article 34.04, V.A.C.C.P., in pertinent part, provides:

“No defendant in a capital case shall be brought to trial until he shall have had at least two days (including holidays) a copy of the names of the persons summoned as veniremen, for the week for which his case is set for…