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White v. State

558 S.W.2d 19, 1977 Tex. Crim. App. LEXIS 1301
Court of Criminal Appeals of Texas·Decided November 23, 1977·No. No. 56853·Published

Opinion

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.

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White v. State, 558 S.W.2d 19, 1977 Tex. Crim. App. LEXIS 1301 (Tex. 1977).

558 S.W.2d 19 (White v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Bouie v. State
528 S.W.2d 587 (Court of Criminal Appeals of Texas, 1975)
Page v. State
532 S.W.2d 341 (Court of Criminal Appeals of Texas, 1976)
Arline v. State
529 S.W.2d 73 (Court of Criminal Appeals of Texas, 1975)
Ainsworth v. State
531 S.W.2d 613 (Court of Criminal Appeals of Texas, 1975)
Batro v. State
531 S.W.2d 614 (Court of Criminal Appeals of Texas, 1975)
French v. State
531 S.W.2d 613 (Court of Criminal Appeals of Texas, 1975)
Lucero v. State
502 S.W.2d 128 (Court of Criminal Appeals of Texas, 1973)
Pittman v. State
532 S.W.2d 97 (Court of Criminal Appeals of Texas, 1976)