Brown v. State

OPINION ON APPELLANT’S AND STATE’S PETITIONS FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant, though separately indicted, was jointly tried with co-defendant Charles Ray Calahan and was found guilty of aggravated robbery by the jury, who assessed appellant’s punishment at 80 years’ imprisonment and a fine of $5,000.00.

On appeal the Dallas Court of Appeals reversed and remanded the cause, finding the trial court erred in failing to apply the law of parties to the facts in its charge as urged by the appellant in his fourth ground of error. The court further found the evidence was…