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RUSHING v. STATE

No. 60768.

621 S.W.2d 606 (1981)

David John RUSHING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel 2.

Rehearing Denied September 23, 1981.

Attorney(s) appearing for the Case

George L. Hazzard, Houston, for appellant.

Doyle W. Neighbours, Dist. Atty. and A. B. Crowther, Jr., Asst. Dist. Atty., Angleton, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before ONION, P. J., and TOM G. DAVIS and CLINTON, JJ.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated robbery. After the jury found appellant guilty, the court assessed punishment at life.

By way of a pro se brief, appellant contends the court's charge to the jury is fundamentally defective. Specifically, he points to the fact that the charge did not require the jury to find that the offense occurred "while in the course of committing...

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