JENKE v. STATE

No. 45274.

487 S.W.2d 347 (1972)

Robert A. JENKE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 20, 1972.


Attorney(s) appearing for the Case

George T. Ellis, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and William O. Olsen, Jr., Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

This is an appeal from the conviction for the offense of robbery by assault with one prior conviction alleged for enhancement. The jury assessed the punishment at life under the provisions of Article 62, Vernon's Ann.P.C.

The sufficiency of the evidence is challenged. It is appellant's contention that the State failed to negative the consent of the victim, Dorothy Mahaffey. In a robbery case, it is only necessary to prove...

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