Cullum v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for aggravated robbery, an offense denounced by V.T.C.A., Penal Code, Sec. 29.03. 1 The punishment, enhanced by two prior felony convictions, was assessed at life imprisonment. See V.T.C.A., Penal Code, 12.42(d).

We are confronted at the outset with fundamental error in the jury charge which requires reversal in the interest of justice. Article 40.09(13), Vernon’s Ann.C.C.P.

Omitting the formal portions, the indictment in relevant part charged that appellant:

“. . . did while in the course of committing theft of money, owned by Norma…