Aston v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

— Appellant renews complaint of the charge of-the court wherein it instructed the jury that if they believed appellant took the property with intent to appropriate it to his own use and benefit, or to the use and benefit of any other person, etc., the latter clause being the one objected to. This conviction was for robbery. This court has held that robbery and theft are closely related. The only distinguishing element being that of actual or threatened violence necessary to make out a robbery case. The statute in each case directs that the property…