ON MOTION FOR REHEARING
BELCHER, Judge.Appellant again insists that he was entitled to have the jury instructed upon the law of aggravated assault.
This contention is governed by the evidence in the case. If such testimony clearly shows the offense proven was robbery and that the violence used was only for the purpose of effectuating the robbery, it is not necessary to charge upon a lesser offense, although facts which might otherwise constitute a lesser offense appear in the testimony to make up the proof of the greater offense. The state’s testimony shows a completed offense of robbery. The appellant did not testify or offer any testimony concerning the commission of the acts presented by the prosecution as a basis for the offense charged, and there was no issue raised in the evidence relative to facts constituting a lesser offense. Under these facts, we are unable to agree that the trial court was required to charge on aggravated assault.
We remain convinced that the testimony showing the nature of the injuries received by the victim of the robbery was admissible in evidence in this cause.
The motion for rehearing is overruled.
Opinion approved by the court.