Whitlow v. State

OPINION

DOUGLAS, Judge.

Appellant was convicted for the offense of attempted escape with a deadly weapon. Upon finding the allegations in the indict ment of two prior convictions to be true, the court assessed punishment at life.

Even though no motion to quash the indictment was filed, he contends that it is fundamentally defective for failing to include each of the elements of the offense of escape.

V.T.C.A., Penal Code, Section 38.07(c), provides that it is an offense to escape if one is under arrest for, charged with or convicted of a felony.

The indictment alleges that appellant “...…