Hoover v. State

OPINION

J. CURTISS BROWN, Chief Justice.

The court of criminal appeals has directed us to reconsider our opinion in Hoover v. State, 707 S.W.2d 144 (Tex.App. — Houston [14th Dist.] 1986) in light of Adams v. State, 707 S.W.2d 900 (Tex.Crim.App.1986) and Opdahl v. State, 705 S.W.2d 697 (Tex. Crim.App.1986) in order to determine the *159sufficiency of the indictment. We find that the indictment gave Sam Hoover (appellant) sufficient notice to prepare a defense. We, however, find that the State has failed to meet its burden of proof in proving one element of the indictment. We, therefore, reverse the…