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EVANS v. STATE

No. 61447.

606 S.W.2d 880 (1980)

Larry EVANS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied November 5, 1980.

Attorney(s) appearing for the Case

Ealy Andrew Bennett, Houston, on appeal only, for appellant.

Carol S. Vance, Dist. Atty., Calvin A. Hartmann and Veronica Morgan, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, TOM G. DAVIS and CLINTON, JJ.

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...

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