Johnson v. State

OPINION

MORRISON, Judge.

The offense is robbery by assault; the punishment, enhanced under Article 63, Vernon’s Ann.P.C., life.

Appellant’s sole contention is that the evidence is insufficient to support his conviction for robbery by assault. He argues that the proof reflects the offense of theft from the person, not robbery.

The 77-year-old complaining witness testified that on the morning in question she went to a neighborhood grocery store where she cashed her $63 pension check and purchased approximately $6 worth of groceries. When she returned home, with a grocery sack in each arm, she…