Sidney v. State

OPINION

DOUGLAS, Presiding Judge.

This is an appeal from a conviction for aggravated robbery. The court assessed punishment at eight years.

The record reflects that on January 2, 1975, appellant robbed Bertha DeLa Torres of her wallet, which contained approximately $3.00. He took the wallet while he beat her severely. As a result she sustained injuries to her face, left eye and mouth.

Appellant contends that a fatal variance exists between the indictment and the proof. The indictment alleges, in part, that appellant “ . . . did then and there unlawfully * * * while in the course of committing…