Martinez v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of aggravated robbery; the punishment is imprisonment for 75 years.

In a single ground of error the appellant asserts that, even though there were no motion to quash the indictment, it is fundamentally defective because it omits an essential element of the offense. It is alleged that the appellant:

“did then and there unlawfully while in the course of committing theft and with the intent to appropriate property of Robert Cousins, to wit: UNITED STATES CURRENCY, without the effective consent of the said Robert…