Anderson v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

MORRISON, Judge.

In a most convincing manner appellant’s counsel contends that robbery is not shown because the State failed to prove that appellant permanently appropriated the injured party’s coat to his own use as is required by the holding of this Court in Posey v. State, 162 Tex.Cr.R. 153, 283 S.W.2d 58, in which the writer dissented. He bases this upon the injured party’s failure to mention whether or not any of the boys who had attacked him had his coat in their possession as they pursued him up the alley. He also contends that it was incumbent…