Granado v. State

I concur in the opinion of Presiding Judge Morrison in holding that in order to enhance punishment under Art. 62, P.C., an indictment must allege that the prior conviction was for the same offense or an offense of like character, as required by that article.

I do not agree, however, that had the instant indictment contained that allegation — that is, that the prior offense was an offense of like character to that of the primary offense charged — -it would have been sufficient to enhance punishment under Art. 62, P.C., because the primary offense charged therein was not and could not be, under…