Brown v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for the offense of robbery. V.T.C.A., Penal Code, § 29.02. The jury assessed punishment at imprisonment in the Texas Department of Corrections for fifteen (15) years. 1

In a single ground of error, appellant contends that the charge given to the jury at the guilt-innocence stage of the trial authorized the conviction on a theory not alleged in the indictment.

The indictment alleges in pertinent part that the appellant:

“ . . . did then and there, while in the course of committing theft, knowingly and intentionally place Donald…