Lightner v. State, 51184
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
| Citation | 535 S.W.2d 176 |
| Docket Number | No. 51184,51184 |
| Parties | Roger Clinton LIGHTNER, Appellant, v. The STATE of Texas, Appellee. |
| Decision Date | 31 March 1976 |
Page 176
v.
The STATE of Texas, Appellee.
Douglas H. Parks, Dallas, for appellant.
Henry Wade, Dist. Atty., Donald H. Flanary, Jr., and Bill Booth, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.
DOUGLAS, Judge.
This is an appeal from a conviction for the offense of aggravated robbery. Trial was before the court; punishment was assessed at five years.
Appellant's sole contention is that the evidence is insufficient to sustain a conviction of robbery. The record reflects that on September 25, 1974, appellant parked in front and across the lines of a Mr. M. Store in Irving. As he approached the store the attendant yelled to her daughter who was in the rear of the store that they were about to be robbed. Appellant pushed on the door of the store as if to enter but walked around the corner of the shopping center and went into Triangle Cleaners. Ester Stevens, an employee, was in the rear of the store. She saw appellant in front of the store. She saw him put his hand in his pocket and heard the cash register slam shut. When she asked if she could help him, he answered that he was looking for his ticket. When she told him that they did not use tickets, he left. Miss Stevens then looked in the cash register and discovered that some money was missing. Miss Stevens then ran to the front door. Appellant
Page 177
turned and ran towards his car and she yelled for the police. Appellant got in his car and made a 'horseshoe' turn to get out of the parking lot. He turned out of the lot onto Darr Street and drove down the street for about a quarter of a block and turned back into the shopping center lot behind the buildings. The exit driveway was blocked by another vehicle and appellant stopped his car within twenty feet of the back of Triangle Cleaners.M. C. Collins, a policeman who was driving by, noticed some women waiving and shouting at him. The officer drove into the lot and one woman yelled that she had been robbed by 'a colored man in a white Chevrolet.' They told him that the man had just gone around the south corner of the shopping center. The officer drove the length of the shopping center, turned to the back of the shopping center and stopped at the white Chevrolet blocked at a north exit. Officer Collins told appellant to get out, put his hands on the car and spread his legs. During the past down, appellant turned around and...
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Franklin v. State, 57348
...V.T.C.A. Penal Code, Sec. 20.03. The offense of robbery includes any violence in the course of effectuating theft. Lightner v. State, 535 S.W.2d 176 (Tex.Cr.App.1976). In the instant case, the evidence establishes that after the deceased was stabbed several items of her personal property, i......
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United States v. Burris, 17-10478
...during flight from the scene of a theft. White v. State , 671 S.W.2d 40, 42 (Tex. Crim. App. 1984) (en banc); see Lightner v. State , 535 S.W.2d 176, 177–78 (Tex. Crim. App. 1976) ; see also Tex. Penal Code Ann . § 29.01 (The injury must be "in an attempt to commit, during the commission, o......
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Lawton v. State, 71759
...S.W.2d 40, (Tex.Crim.App.1984), undermines his arguments. See also Ulloa v. State, 570 S.W.2d 954 (Tex.Crim.App.1978); Lightner v. State, 535 S.W.2d 176 In White we held the "intent to obtain or maintain control of the property" deals with the robber's state of mind regarding the theft or a......
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State v. Mirault
...411 So.2d 439 (La.Sup.Ct.1982) (robbery where thief used force against one woman in snatching friend's purse); Lightner v. State, 535 S.W.2d 176 (Tex.Cr.App.1976) (robbery where thief injured policeman outside 7 The Legislature amended the robbery statute in 1981, supra at 457 n. 3. This am......
-
Franklin v. State, 57348
...V.T.C.A. Penal Code, Sec. 20.03. The offense of robbery includes any violence in the course of effectuating theft. Lightner v. State, 535 S.W.2d 176 (Tex.Cr.App.1976). In the instant case, the evidence establishes that after the deceased was stabbed several items of her personal property, i......
-
United States v. Burris, 17-10478
...during flight from the scene of a theft. White v. State , 671 S.W.2d 40, 42 (Tex. Crim. App. 1984) (en banc); see Lightner v. State , 535 S.W.2d 176, 177–78 (Tex. Crim. App. 1976) ; see also Tex. Penal Code Ann . § 29.01 (The injury must be "in an attempt to commit, during the commission, o......
-
Lawton v. State, 71759
...S.W.2d 40, (Tex.Crim.App.1984), undermines his arguments. See also Ulloa v. State, 570 S.W.2d 954 (Tex.Crim.App.1978); Lightner v. State, 535 S.W.2d 176 In White we held the "intent to obtain or maintain control of the property" deals with the robber's state of mind regarding the theft or a......
-
State v. Mirault
...411 So.2d 439 (La.Sup.Ct.1982) (robbery where thief used force against one woman in snatching friend's purse); Lightner v. State, 535 S.W.2d 176 (Tex.Cr.App.1976) (robbery where thief injured policeman outside 7 The Legislature amended the robbery statute in 1981, supra at 457 n. 3. This am......