Legal Opinion

Bouie v. State

Court of Criminal Appeals of Texas

Decided July 9, 1975No. 50305PublishedCited by 53 opinions

1Opinion of the Court

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery by assault under our former code. The court assessed punishment at ten years’ confinement.

We are confronted at the outset with a fundamentally defective indictment. As in Lucero v. State, 502 S.W.2d 128 (Tex.Cr.App.1973) (case 1), the indictment here fails to allege “to whom the property allegedly taken belonged.” See Lucero, supra, and the authorities there cited.

The judgment is reversed, and the prosecution is ordered dismissed.

2Cases cited1 opinion

  1. Lucero v. StateCourt of Criminal Appeals of Texas · 1973

3Cited by53 opinions

  1. Watson v. StateCourt of Criminal Appeals of Texas · 1976
  2. Bouie v. StateCourt of Criminal Appeals of Texas · 1978
  3. Page v. StateCourt of Criminal Appeals of Texas · 1976
  4. Pickett v. StateCourt of Criminal Appeals of Texas · 1976
  5. Ex Parte BanksCourt of Criminal Appeals of Texas · 1976

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