French v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for the offense of robbery by assault with firearms. The punishment was assessed at ten (10) years.

An examination of the indictment in the instant case reveals that it contains the same fundamental defect as that found in Lucero v. State, 502 S.W.2d 128 (Tex.Cr.App.1973) (Case One) and Bouie v. State, 528 S.W.2d 587 (Tex.Cr.App., delivered July 9, 1975), in that it fails to allege “to whom the property allegedly taken belonged.”

For this reason, the judgment is reversed and the prosecution ordered dismissed.