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535 S.W.2d 184

Jones v. State

Court of Criminal Appeals of Texas · decided 1976-04-07

Cited by 5 later decisions — most recently April 1978

5 state decisions

Relies on Lucero v. State · Bouie v. State · Batro v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-04-07

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¶1OPINION

DALLY, Commissioner.

¶2This is an appeal from a conviction for the offense of robbery by assault in violation of our former Penal Code; the robbery was committed on April 24, 1973; punishment was assessed by the court at imprisonment for 25 years.

¶3We are confronted at the outset with a fundamentally defective indictment. As in Lucero v. State, 502 S.W.2d 128 (Tex.Cr. App.1973) (case one), the indictment here fails to allege to whom the property allegedly taken belonged. For this reason, the indictment is fundamentally defective, and the conviction must be reversed. Bouie v. State, 528 S.W.2d 587 (Tex.Cr.App.1975); Arline v. State, 529 S.W.2d 73 (Tex.Cr.App. 1975); French v. State, 531 S.W.2d 613 (Tex.Cr.App.1975); Batro v. State, 531 S.W.2d 614 (Tex.Cr.App.1975).

¶4The judgment is reversed and the prosecution under this indictment is ordered dismissed.

¶5Opinion approved by the Court.

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