GLASPER v. STATE

No. 45200.

486 S.W.2d 350 (1972)

Gary GLASPER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 22, 1972.


Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas (Court appointment on appeal only), for appellant.

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


OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of robbery by assault; punishment was assessed at 15 years.

Appellant contends that the evidence reflects the offense of theft, not robbery.

The evidence shows that on April 28, 1969, Larry Dean Meaks, James Mead, and the appellant were seated in a car parked at Elmer's Drive-In, Dallas. The appellant and Mead exited the car and entered the Drive-In. Charles Gray, an employee...

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