Court of Criminal Appeals of Texas November 10, 1970, 40552 (Powers v. State)

OPINION

MORRISON, Judge.

The offense is robbery by assault, enhanced by two prior non-capital convictions alleged for enhancement; the punishment, life.

This is an out of time appeal, authorized by the order of this Court dated June 17, 1970.

Two grounds of error are advanced and in order to discuss them, a brief recitation of the facts is necessary.