Court of Criminal Appeals of Texas, 1977

White v. State

White v. State
Court of Criminal Appeals of Texas · Decided November 23, 1977 · Douglas
558 S.W.2d 19 (South Western Reporter, Second Series)

White v. State

Opinion of the Court

*20OPINION

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.