CAMPBELL v. STATE

No. 53586.

571 S.W.2d 161 (1978)

Robert CAMPBELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Motion for Rehearing Denied October 11, 1978.


Attorney(s) appearing for the Case

Ray Stevens, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis M. Bell and William Tyler Moore, Jr., Asst. Dist. Attys., Bryan, for the State.

En Banc.


State's Motion for Rehearing En Banc Denied October 11, 1978.

OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated robbery. Punishment was assessed by the jury at nine years.

Appellant contends the trial court erroneously refused to charge the jury on the lesser included offense of theft. The issue was preserved by proper objection and the court's ruling. The State and appellant agree that the victim testified to facts...

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