Cassidy v. State

*2591 can not agree to the affirmance of this conviction.

I am of the opinion that the undisputed evidence fails to show that the money was taken from the injured party under circumstances constituting the crime of robbery, because of the absence of an assault upon or putting the injured party in fear.

The evidence shows the commission of the crime of theft from the person.

This conclusion is in keeping with the views expressed by me in my dissenting opinion in Bell v. State, 167 Texas Cr. Rep. 460, 321 S.W. 2d 302.

I respectfully dissent.