Young v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

This is an appeal from a conviction for attempted burglary of a habitation. Punishment, enhanced by allegation and proof of a prior felony conviction, was assessed by the court at eight years’ imprisonment following the jury verdict of guilty.

On appeal the Houston Court of Appeals [1st Dist.] reversed the conviction sustaining appellant’s contention that the trial court erred in failing to set aside the indictment pursuant to his motion to quash. The court found the indictment defective for failing to allege a second…