Cross v. State

OPINION

MORRISON, Judge.

This is an appeal from a robbery conviction where the punishment was assessed by the jury at 50 years following appellant’s plea of guilty.

In his sole ground of error appellant contends, as we understand it, that there is a fatal variance between the indictment which charged the offense of robbery by assault with firearms and the verdict, judgment and sentence reflecting that appellant had been found guilty of robbery by assault.

At the outset we note that a conviction may be had for robbery by assault under an indictment charging robbery by assault with firearms. See…