Rayford v. State

DISSENTING OPINION

MORRISON, Judge.

I need not address myself to the question of the sufficiency of the warning given appellant prior to the giving by him of a statement or confession, because there is another and far more fundamental error in *308this case which should not permit an af-firmance of this conviction.

Robbery is one offense and theft is another. Facts showing theft will not support a conviction for robbery. There were a number of cases which demonstrated the distinction prior to Van Arsdale v. State, 149 Tex.Cr.R. 639, 198 S.W.2d 270. See Reese v. State, 91 Tex.Cr.R. 457, 239 S.W. 619;…