Court of Criminal Appeals of Texas December 9, 1970, No. 43294 (McCullough v. State)

OPINION

MORRISON, Judge.

The offense is robbery with firearms; the punishment, twenty-five (25) years.

Appellant’s first ground of error is that the court erred in failing to “throw out” the indictment because the appellant was not afforded an examining trial. Appellant sent a letter to the District Attorney’s office requesting an examining trial; no reply was received.