502 SW2D 128 - Lucero v. State

How this case has been cited

Cited by 42 later decisions — most recently June 1992 · most notably Reese v. State (1976), Lombard v. Lynaugh (1989)

38 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1OPINION

ONION, Presiding Judge.

¶2This is an appeal from a conviction for robbery by assault wherein the punishment was assessed at twenty (20) years following a plea of guilty before the court.

¶3At the outset we are met with appellant’s contention that the indictment is fatally defective since it does not allege other than by inference to whom the property allegedly taken belonged.

¶4An examination of the instant indictment reveals that it does not allege to whom the property allegedly taken belonged.

¶5“An indictment for robbery is bad if it is not alleged other than by inference to whom the property taken belonged. Besides the allegation that the property was fraudulently taken from the person or possession of another it is necessary to allege in some way the ownership of the property.” 5 Branch’s Ann.P.C., 2d ed., Sec. 2584, p. 19. See also Barnes v. State, 9 Tex.App. 128 (1880); Higgins v. State, 19 S.W. 503 (Tex.Cr.App.1892); Barfield v. State, 137 Tex.Cr.R. 256, 129 S.W.2d 310 (1939); Bailey v. State, 139 Tex.Cr.R. 260, 139 S.W.2d 599 (1940); Snow v. State, 156 Tex.Cr.R. 49, 238 S.W.2d 966 (1951) ; 50 Tex.Jur.2d, Robbery, Sec. 25, p. 180.

¶6The State in its appellate brief filed in the trial court has confessed error and agrees that this conviction must be reversed.

¶7We are in accord.

¶8The judgment is reversed and cause remanded.