Thomas v. State

477 S.W.2d 881 (1972)

Welton THOMAS, Appellant,

v.

The STATE of Texas, Appellee.

No. 44981.

Court of Criminal Appeals of Texas.

March 22, 1972.

Gilbert M. Spring, Lufkin, for appellant.

Jim D. Vollers, State's Atty., and Robert Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for robbery by firearms. The State did not seek the death penalty. The punishment assessed by the jury after appellant's plea of guilty was thirty years imprisonment.

On June 25, 1970, at about 6:15 p. m., appellant and another individual entered the Nuway Grocery in Lufkin. After…