Jenke v. State

OPINION

DOUGLAS, Judge.

This is an appeal from the conviction for the offense of robbery by assault with one prior conviction alleged for enhancement. The jury assessed the punishment at life under the provisions of Article 62, Vernon’s Ann.P.C.

The sufficiency of the evidence is challenged. It is appellant’s contention that the State failed to negative the consent of the victim, Dorothy Mahaffey. In a robbery case, it is only necessary to prove that the property was taken by force and violence. Barfield v. State, 137 Tex.Cr.R. 256, 129 S.W.2d 310. It is not necessary to negative the victim’s…