Russell v. State

OPINION

MEYERS, Justice.

Appellant, Herbert Gray Russell, appeals from a conviction by the jury of aggravated robbery with a deadly weapon. See TEX.PENAL CODE ANN. § 29.03 (Vernon Supp.1991). Punishment was assessed by the jury at twelve years confinement in the Texas Department of Corrections. 1

We affirm.

Appellant brings the five following points of error on this appeal: (1) the trial court erred in refusing appellant’s requested charge on the lesser-included offense of robbery by threats because a knife is not a deadly weapon per se; (2) the trial court’s refusal of appellant’s requested…