Polk v. State

DAVIDSON, Judge.

This is a conviction for the primary offense of theft from the person, with the maximum punishment of seven years’ confinement in the penitentiary affixed by reason of a prior conviction for robbery by assault.

Bustillos, the injured party, was seated at the counter of a cafe when appellant asked him to buy him “a beer.” As to what then happened we quote from the testimony of Bustillos as follows:

*76“I told him I did not have any money. He then stuck his right hand in my left trousers pocket, and when I felt him putting his hand in my pocket, I grabbed his wrist and he jerked his…