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536 S.W.2d 564

Sellers v. State

Court of Criminal Appeals of Texas · decided 1976-05-19

Cited by 2 later decisions — most recently April 1977

2 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 1976-05-19

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¶1OPINION

¶2ON APPELLANT’S MOTION „ FOR REHEARING

ONION, Presiding Judge.

¶3Our opinion on original submission is withdrawn and the following is substituted in lieu thereof.

¶4The appellant appeals from a robbery by assault conviction. The punishment was assessed by the jury at twenty (20) years. The offense was shown to have occurred on *565March 18, 1973. The indictment was presented on April 12, 1973.

¶5On rehearing it is called to our attention that the indictment in the instant cause contains the same fundamental defect as that found in Lucero v. State, 502 S.W.2d 128 (Tex.Cr.App.1973), in that it fails to allege “to whom the property allegedly taken belonged.” See also Bouie v. State, 528 S.W.2d 587 (Tex.Cr.App.1975); French v. State, 531 S.W.2d 613 (Tex.Cr.App.1975); Arline v. State, 529 S.W.2d 73 (Tex.Cr.App.1975); Ainsworth v. State, 531 S.W.2d 613 (Tex.Cr.App.1975); Batro v. State, 531 S.W.2d 614 (Tex.Cr.App.1975).

¶6The appellant’s motion is granted, the order of affirmance is withdrawn, and the judgment is reversed and the cause remanded.

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