Lewis v. State of Texas

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery by assault, with the punishment assessed by the court at 12 years.

Appellant’s third ground of error complains as follows: “Did the court commit error in failing to instruct a verdict at the close of the State’s case in chief ?” 1

It is apparent from the above that the appellant is complaining of the sufficiency of the evidence; primarily he is complaining because he is of the opinion that the State failed to prove a robbery by assault in that they did not prove an assault but proved robbery by threats to do an illegal act.…