King v. State

78 S.W.2d 632, 127 Tex. Crim. 566, 1935 Tex. Crim. App. LEXIS 35

Opinion

LATTIMORE, Judge.

Conviction for assault to rob; punishment, two years in the penitentiary.

The record is devoid of any bills of exception. The facts are in a condition of conflict. The State’s testimony, if believed by the jury, unquestionably made out a case of assault with intent to rob. The testimony for the appellant amounted to a denial of the State’s case, and an effort to prove an alibi. The reconciliation of conflicts in testimony is a matter for the jury. The testimony of the State witnesses, if true, made out a complete case. The use of the word “attempt” in the indictment instead of the word “intent” does not vitiate same. Atkinson v. State, 30 S. W., 1064; Runnels, v. State, 30 S. W., 1065.

No error appearing, the judgment will be affirmed.

Affirmed.