Watson v. State

OPINION

ONION, Presiding Judge.

This appeal is taken from a conviction for robbery. The punishment, enhanced under V.T.C.A. Penal Code, Sec. 12.42, by the allegations and proof of a prior felony conviction for the sale of heroin, was assessed at forty (40) years.

At the outset, we shall consider the request of appellant’s counsel that we consider as unassigned error “in the interest of justice” the indictment is fundamentally defective. Appellant contends that the failure to allege in the first paragraph of the indictment the ownership of the property taken in the robbery renders the indictment…