West v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction of robbery by assault. Appellant plead guilty before a jury which assessed his punishment at SO years.

Appellant complains that there was a fatal variance between the proof adduced and the charge in the indictment. He argues that the indictment charges he took from one Eugene Nichols corporeal personal property when in truth and in fact the property taken was not the corporeal personal property of Eugene Nichols.

The record reflects that Nichols was 14 years old and was an employee of the Busy Bee Grocery Store. On the date alleged in…