Fannin v. State

HEHDERSOH, Judge.

Appellant was convicted of robbery, and his punishment assessed at five years confinement in the penitentiary; hence this appeal.

Appellant contends that there was a variance between the proof and the allegations in the indictment. The allegation in the indictment is to the effect that appellant took from the prosecutor one ten dollar bill. The proof on this point shows that he leveled a pistol on prosecutor and demanded of him to pay him what he owed him, which he claimed was for a week’s work, $8. Prosecutor pulled out a ten dollar bill, and appellant told him to throw it…