Evans v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated robbery. 1 After finding that appellant had previously been convicted of a felony, the jury assessed punishment at 25 years.

In his sole ground of error, appellant contends that the court’s charge to the jury is fundamentally defective. He maintains that the charge failed to require the jury to find that the robbery occurred “in the course of committing theft.” Appellant raises this contention for the first time on appeal.

The indictment in the instant case alleges in pertinent part that on December 14, 1976, appellant…