Jackson v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for aggravated robbery; punishment was assessed at imprisonment for forty-nine years.

The indictment alleges that the appellant “. using and exhibiting a deadly weapon, namely a pistol, knowingly and intentionally threatened] and place[d] Mrs. Kenneth Laucks in fear of imminent bodily injury and death . . . ”

However, in addition to the means of committing robbery as it is alleged in the indictment, the court’s charge authorized the appellant’s conviction if the jury found the appellant “. . . recklessly caused bodily injury to the owner…