Armstead v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery, an offense denounced by V.T.C.A., Penal Code, Sec. 29.02. 1 The punishment, enhanced by a prior felony conviction, was assessed by the court at twenty-five years’ imprisonment.

We conclude that the court’s charge to the jury at the guilt-innocence phase of the trial was fundamentally erroneous. Therefore, in the interest of justice, the judgment of conviction must be reversed. Article 40.-09(13), Vernon’s Ann.C.C.P.

Omitting the formal portions, the indictment charging appellant with robbery alleged in relevant part:

“. . .…