Legal Opinion

Bowser v. State

Court of Criminal Appeals of Texas

Decided May 5, 1971No. 43690PublishedCited by 1 opinion

1Opinion of the Court

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for robbery by assault. The punishment, enhanced under the provisions of Article 62, Vernon’s Ann.P.C., was assessed at life.

In the first ground of error, appellant complains that the court erred in overruling his motion to quash the paragraph of the indictment which alleged a prior conviction for burglary. He contends that the allegation does not sufficiently show that burglary was an offense of similar nature to that of robbery by assault. He points out that burglary may be with the intent to commit any felony.

Assuming that the…

2Cases cited3 opinions

  1. Farris v. TexasCourt of Criminal Appeals of Texas · 1950
  2. Schmeideberg v. StateCourt of Criminal Appeals of Texas · 1967
  3. Tucker v. StateCourt of Criminal Appeals of Texas · 1950

3Cited by1 opinion

  1. Latta v. StateCourt of Criminal Appeals of Texas · 1974

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