Harvey v. State

PRICE, Justice.

This is an appeal from a conviction for escape. Trial was to jury who found the appellant guilty of the offense and further found appellant had been previously convicted of a felony in 1975. The jury assessed appellant’s punishment at fifteen years incarceration. Appellant does not challenge the sufficiency of the evidence. The conviction is reversed and the indictment is ordered dismissed.

Appellant contends the indictment is fundamentally defective for failure to allege that defendant escaped after being arrested for, charged with, or convicted of an offense. The indictment in…