Cain v. State

OPINION

TEAGUE, Judge.

Glen Morris Cain, appellant, appeals his conviction by a jury for committing the former penal code offense of robbery by assault of Raymond Rubach. See Art. 1408, V.A.P.C. (1925 Code). Punishment was assessed by the jury at 75 years’ confinement in the penitentiary. This Court previously, see Cain v. State, 551 S.W.2d 728 (Tex.Cr.App.1977), reversed appellant’s conviction for committing the offense of rape of Ru-bach’s female companion because the evidence was deemed insufficient to constitute appellant as a principal to that offense. See also Art. 1183, V.A.P.C. (1925).…