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Ainsworth v. State

531 S.W.2d 613, 1975 Tex. Crim. App. LEXIS 1146
Court of Criminal Appeals of Texas·Decided November 5, 1975·No. 50996 & 50997·Published·Cited by 8 cases

Opinions

OPINION

ODOM, Judge.

Appellant waived trial by jury and entered pleas of guilty before the court to the offenses of robbery by assault under the former Penal Code. The court assessed punishment in each case at twenty-five (25) years.

We are confronted at the outset .with fundamentally defective indictments. As in Lucero v. State, 502 S.W.2d 128 (Tex.Cr.App.1973) (case one), the indictments here fail to allege “to whom the property allegedly taken belonged.” See Lucero v. State, supra, and the authorities there cited. See also Bouie v. State, 528 S.W.2d 587 (Tex.Cr.App., delivered July 9, 1975).

The judgments are reversed and the prosecutions ordered dismissed.

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Ainsworth v. State, 531 S.W.2d 613, 1975 Tex. Crim. App. LEXIS 1146 (Tex. 1975).

531 S.W.2d 613 (Ainsworth v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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