DeVaughn v. State

OPINION

CANTU, Justice.

On August 15, 1984 this court upheld appellant’s contention that the trial court had erred by failing to sustain Paragraph III of his Motion to quash the indictment.

The indictment alleged, in pertinent part:... on or about the 7th day of August, A.D., 1982, Lemard DeVaughn .did then and there intentionally and knowingly enter a habitation which is located in the general vicinity of the 7400 block of Hidden Oak, Live Oak, Bexar County, Texas, and therein attempted to commit and committed theft, without the effective consent of Joyce Ernest, the owner of said habitation;…