Bermudez v. State

OPINION

MORRISON, Judge.

The offense is aggravated robbery; the punishment, 20 years.

Appellant’s first contention is the indictment 1 is fundamentally defective because it does not comply with V.T.C.A., Penal Code, Sec. 6.01(a), which provides:

“(a) A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.

Appellant’s position is that an act otherwise sufficient to constitute a crime will not be a crime unless the act is voluntarily engaged in and the element of voluntariness must always be pled. Appellant contends the new penal code…