Hignite v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction under the former Penal Code for robbery by assault with a firearm, wherein the punishment was assessed by the jury at life imprisonment.

The sole contention on appeal is that the court erred in failing to grant his motion for instructed verdict at the conclusion of the State’s .case since the undisputed evidence showed that the alleged offense occurred in Dallas County, not in Collin County, as charged.

The indictment alleged that the appellant had taken from John W. K. Simon “a 1959 Chrysler automobile, the same being the…