Tomlin v. State

KRUEGER, Judge.

Appellant was convicted in the criminal district court of Bexar County as an accomplice to the offense of robbery, alleged to have been committed by Jimmy McElreath; and his punishment was assessed at confinement in the state penitentiary for a term of five years.

Appellant’s first complaint is that the indictment is insufficient to charge the offense of robbery under Art. 1408, P. C., since it fails to charge that the accused took the property from *2the alleged injured party with the intent to appropriate it to his own use and benefit. Art. 1408, P. C., provides as follows:

“If…