Arline v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for the offense of robbery by assault. The punishment, enhanced under the provisions of Art. 63, V.A.P.C., life.

At the outset, we are confronted with a fundamentally defective indictment. The pertinent part of the indictment charging the primary offense alleged that appellant on or about November 28, 1973, “did then and there unlawfully assault Mark Bossett, hereinafter styled the Complainant, and did by the assault, by violence, and by putting the Complainant in fear of life and bodily injury, fraudulently and against the…