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JOHNSON v. STATE

No. 46174.

493 S.W.2d 241 (1973)

Johnny Ray JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 25, 1973.

Attorney(s) appearing for the Case

Douglas H. Chilton (Court appointed), Texas City, for appellant.

Jules Damiani, Jr., Dist. Atty., Galveston, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is robbery by assault; the punishment, enhanced under Article 63, Vernon's Ann.P.C., life.

Appellant's sole contention is that the evidence is insufficient to support his conviction for robbery by assault. He argues that the proof reflects the offense of theft from the person, not robbery.

The 77-year-old complaining witness testified that on the morning in question she went to a neighborhood grocery store...

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