Garcia v. State

OPINION

MORRISON, Judge.

The offense is robbery; the punishment for each appellant is ten years.

Their first ground of error is that if they violated any law, it was a violation of Art. 1177a, Vernon’s Ann.P.C., “Kidnapping for extortion,” and not robbery. The answer to such contention may be found in the opinion of this Court in Lewis v. State, 171 Tex.Cr.R. 231, 346 S.W.2d 608, at 612, where we said:

“Under the doctrine of carving, the State may carve and prosecute for any offense it may elect which grows out of the transaction. 1 Branch’s Ann.P.C. 2d Ed., 625, sec. 654; Martinez v. State, 165…