Smith v. State

OPINION

ONION, Judge.

The offense is robbery by assault with firearms; the punishment, 99 years.

The sufficiency of the evidence is not challenged.

In his first ground of error appellant contends the trial court erred in overruling his motion to quash the jury panel since he had not been served with “a copy of the names of the persons summoned as veniremen from which the jury was to be selected to try his case.”

This appeal thus presents the question of the applicability of Article 34.04, Vernon’s Ann.C.C.P., to a case where the State has failed to give written notice that it will seek the death…