White v. State

Court of Criminal Appeals of Texas
White v. State, 558 S.W.2d 19 (Tex. Crim. App. 1977)
1977 Tex. Crim. App. LEXIS 1301
Douglas

White v. State

Opinion of the Court

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for robbery by assault as denounced by Art. 1408, Vernon’s Ann.P.C. (1925). The trial was before the court on a plea of guilty. The punishment is imprisonment for five (5) years.

An examination of the felony information filed in this case reveals that it is fundamentally defective for failure to allege the ownership of the property taken. Lucero v. State, 502 S.W.2d 128 (Tex.Cr.App. 1974); 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); Page v. State, 532 S.W.2d 341 (Tex.Cr.App. 1976); Pittman v. State, 532 S.W.2d 97 (Tex.Cr.App. 1976).

The judgment is reversed and prosecution under the instant information is ordered dismissed.

Reference

Full Case Name
Curtis WHITE, Jr. v. The STATE of Texas
Status
Published