Benson v. State

OPINION

GREEN, Commissioner.

This is an appeal from a conviction of robbery by assault, in which punishment enhanced under the provisions of Article 62, Vernon’s Ann.P.C., was assessed at life imprisonment.

Appellant does not question the sufficiency of the evidence to support the conviction. The evidence reflects that about 9:15 P.M. on June 22, 1970, three males robbed Karl Matejka, an employee of Jack-in-the-Box No. 658, of money by exhibiting a pistol and putting Matejka in fear of life and serious bodily injury. Appellant was identified as the robber who had the pistol and who shot Matejka…