Broussard v. State

OPINION

W.C. DAVIS, Judge.

This is an appeal from a conviction for the offense of robbery. The punishment was assessed at imprisonment for twenty years and payment of a $2,500 fine.

The appellant and Jackie Ray Osteen were indicted for capital murder. They were tried together and Osteen was found guilty of capital murder and sentenced to death. See Osteen v. State, 642 S.W.2d 169 (Tex.Cr.App.1982). The jury found the appellant guilty of robbery.

The appellant, in his only ground of error, contends that the trial court erred in instructing the jury that they were authorized, if the evidence so…