Trussell v. State

OPINION

WOODLEY, Presiding Judge.

The offense is robbery with firearms; the punishment, 15 years.

Trial was before a jury on a plea of not guilty.

The State did not seek the death penalty. The jury having found appellant guilty, he elected to have the same jury assess the punishment. Art. 37.07, Sec. 2(b), Vernon’s Ann.C.C.P.

Appellant’s first ground of error is the failure of the trial judge to set aside the indictment because the appellant had been denied a preliminary hearing.

The record reflects that appellant was arrested for the robbery and taken before a magistrate on January 10, 1966, where…