Bouie v. State

OPINION ON STATE’S MOTION FOR REHEARING

ODOM, Judge.

We file this opinion on rehearing because the dissent places such great reliance upon the opinion of this Court in Clark v. State, 527 S.W.2d 527 (1975). That reliance is misplaced.

In Clark, supra, the sufficiency of the indictment to allege robbery by assault was not in issue. The indictment in Clark did allege ownership whereas the indictment in the instant case did not. Therefore, we take issue with the assertion of the dissent that “this Court has held contrary to the present case in Clark v. State.” The dissent also asserts, “This Court…