Cooper v. State

OPINION

in which WOMACK, KEASLER, HERVEY, and HOLCOMB, JJ., joined.

A person commits robbery if, “in the course of committing theft” and with the intent to obtain or maintain control of the property, he assaults another person.1 In this case, we consider whether evidence that a theft occurred immediately after an assault is sufficient to establish that the assault was committed “in the course of committing theft.”

1. Facts

Appellant, recently paroled from prison, was living with his aunt and his uncle, E.W. Bluiett. Bluiett took appellant with him one day to help him work on a fence. As Bluiett…