Glasper v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of robbery by assault; punishment was assessed at IS years.

Appellant contends that the evidence reflects the offense of theft, not robbery.

The evidence shows that on April 28, 1969, Larry Dean Meaks, James Mead, and the appellant were seated in a car parked at Elmer’s Drive-In, Dallas. The appellant and Mead exited the car and entered the Drive-In. Charles Gray, an employee at the Drive-In, was standing behind the counter when Mead walked around the counter, grabbed at Gray and told him that he wanted his money. The appellant…