ONION, Presiding Judge.
This is an appeal from a conviction for robbery by assault with the punishment, enhanced under the provisions of Article 63, Vernons Ann.P.C., being assessed at life.
At the outset the appellant challenges the sufficiency of the evidence to sustain the conviction, particularly as to intent and to "the required element of a taking of property."
On February 17, 1970, Patricia Wadsworth left Rutherford College in the city of Dallas about 9 p.m. and proceeded to a nearby parking lot where she discovered her automobile was blocked by another motor vehicle. She called the police. By the time of their arrival the vehicle had been moved and they departed. As Mrs. Wadsworth started to get into her car, she was
Mrs. Wadsworth made a positive in-court identification of the appellant as her assailant based on her observations of him at the time of the offense. She related that at the time her automobile was taken she was in fear of her life or serious bodily harm.
Appellant acknowledges that for the purpose of proving the element of taking, robbery is but an aggravated form of theft and that it would follow that the rules which govern in theft cases would also have application in a robbery prosecution. He also concedes the automobile was in his possession when he assumed control over it and started the ignition. He argues that his possession was not a "taking" since the complaining witness abandoned the property, rendering it impossible for him to take it from her possession.
Article 1412, V.A.C.P., provides:
In 50 Tex.Jur.2d, Robbery, Sec. 10, p. 170, it is written:
In Esparza v. State, Tex.Cr.App., 367 S.W.2d 861, this court held that the defendant, by pushing an automobile only 15 or 20 feet from the place where he found it, exercised sufficient dominion and control over it to support a theft conviction thereof. See also Tinsley v. State, Tex.Cr.App., 461 S.W.2d 605 and cases there cited.
It would appear clear that the appellant took possession of the automobile in question by assaulting and placing the complaining witness in fear of her life or serious bodily injury. The fact that he subsequently abandoned the vehicle a short time later would not prevent there being a "taking"; nor would the fact that the complaining witness fled from the scene call for a different result.
"In robbery, as in theft, the taking of the property must be with the intent to steal." 50 Tex.Jur.2d, Robbery, Sec. 14, p. 172. That intent should be determined from the words, acts and conduct of the accused. Bailey v. State, 139 Tex.Cr.R. 260, 139 S.W.2d 599. In light of the circumstances presented, we conclude the evidence was sufficient to sustain the jury's verdict.
Appellant's pro se brief has been carefully examined. The grounds of error there urged are without merit and overruled.
The judgment is affirmed.