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MASON v. STATE

No. 44131.

472 S.W.2d 787 (1971)

Mack C. MASON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 30, 1971.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas (appointed on appeal only), Tim K. Banner, Dallas (appointed counsel), for appellant.

Henry Wade, Dist. Atty., Robert T. Baskett, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for robbery by assault with punishment assessed at twenty-five years.

The sufficiency of the evidence is challenged by the appellant's first ground of error, stated as follows:

"There is no evidence to sustain appellant's conviction for the offense of robbery in that the State adduced no evidence that the complaining witness was assaulted by appellant...

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