Hicks v. State

*423OPINION

ROBERTS, Judge.

The appellant was indicted for robbery by firearms under the old Penal Code, but was convicted by a jury which was instructed on the law of aggravated robbery under the new Penal Code. For this error we must reverse the judgment of guilt (which assessed a punishment of 55 years’ confinement).

The indictment, which was filed in 1976, alleged that the appellant,

“on or about October 31, 1973, did then and there unlawfully assault Mamie Irene Page hereafter styled the Complainant, and did by the assault, by violence, and by putting the Complainant in fear of life and bodily…