Hawkins v. State

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for aggravated robbery. The punishment was assessed at life imprisonment.

At the outset we note fundamental error which we shall review in the interest of justice. See Article 40.09(13), V.A.C.C.P. The indictment of the appellant in the instant cause reads in pertinent part as follows:

John L. Hawkins . . . , on or about the 17th day of January A.D. 1976, and before the presentment of this indictment, in the County and State aforesaid, did then and there while in the course of committing theft and with intent to obtain and maintain…