Carroll v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Gonzales. Tried below before Hon. M. Kennon. Appeal from a conviction of robbery; penalty, ten years imprisonment in the penitentiary. The indictment charged appellant with the robbery of one Jim Brooks on the 18th of October, 1899, by assault and by violence and putting Brooks in fear of life and bodily injury. Seven dollars was the amount of money taken by defendant from said Brooks.
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Appeal from the District Court of Gonzales. Tried below before Hon. M. Kennon. Appeal from a conviction of robbery; penalty, ten years imprisonment in the penitentiary. The indictment charged appellant with the robbery of one Jim Brooks on the 18th of October, 1899, by assault and by violence and putting Brooks in fear of life and bodily injury. Seven dollars was the amount of money taken by defendant from said Brooks. In brief the evidence was that the parties agreed to play until one of them was broken at the game. When Brooks had won all the money defendant had, he picked it up and started…
1Opinion of the Court
DAVIDSON, Presiding Judge.
The indictment charged robbery by means of an assault, and by violence, and by putting "in fear of life and bodily injury. On the trial the evidence disclosed, in addition to this, that appellant used firearms. It is contended that this constitutes a variance between the allegation and the evidence. There is no merit in this contention. Charging the robbery to have been committed by the use of firearms would have entitled the State to a higher punishment, but this does hot debar the prosecution from relying upon robbery by an assault, and by putting in fear of life,…
2Cases cited1 opinion
- Blain v. StateCourt of Criminal Appeals of Texas · 1895
3Cited by11 opinions
- United States v. BrownUnited States Court of Military Appeals · 1963
- State v. PriceIdaho Supreme Court · 1923
- Temple v. StateCourt of Criminal Appeals of Texas · 1919
- Hickman v. StateCourt of Criminal Appeals of Texas · 1912
- Ex Parte LaymanCourt of Criminal Appeals of Texas · 1941
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