Simmons v. State

OPINION

DIES, Chief Justice.

This is an appeal from a conviction for the offense of unlawful use of a criminal instrument. The jury assessed punishment, enhanced by two prior felony convictions, at confinement for 50 years.

Appellant, by his first ground of error, contends the court erred in overruling his two motions to quash the indictment. The indictment, omitting the formal parts, alleges:

[D]id then and there adapt a criminal instrument, namely, home made coin-operated machine key, which said instrument was designed, made and adapted for the commission of an offense, namely, Burglary of…