Wright v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for robbery by assault. The punishment was assessed at life by the court after a verdict of guilty.

At the outset appellant contends there was a fatal variance between the allegata and the probata in that the evidence reflects that the person robbed was William Wolfe, not Josephine Meyer as alleged in the indictment.

Josephine Meyer testified that on July 28, 1969, she was the bookkeeper at the A & P store at 129 Little York Road in Harris County, Texas; that at about 9:30 a. m. she had in her custody and possession approximately…