GRAVES, Presiding Judge.
Appellant was indicted for robbery by assault and was by the jury convicted of an aggravated assault and given a penalty of a $1,000.00 fine and confinement in the county jail for two years.
This indictment merely charges a simple assault and a robbery thereby. It contains none of the elements of an aggravated assault.
Under the case of Foreman v. State, Tex.Cr.App., 57 S.W. 843, on motion for a rehearing, it was held that...
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