Granado v. State

ON MOTION FOR REHEARING

MORRISON, Presiding Judge.

It has now been called to our attention that the indictment before us fails to allege that the offense set forth in paragraph 4 was a like offense or one of the same nature as the primary offense charged. This court has repeatedly held that such is an essential allegation in order to sustain a conviction under Article 62, V.A.C.C.P. The omitted allegation is one of substance, and its omission is fatal. See Lewis v. State, 153 Texas Cr. Rep. 42, 217 S.W. 2d 411; Gallagher v. State, 142 Texas Cr. Rep. 133, 151 S.W. 2d 819; Waltrip v. State, 134…