Garrett v. State

OPINION

WOODLEY, Presiding Judge.

The offense is felony theft; the punishment, enhanced under Art. 63 P.C., life.

Seven grounds of errror are set forth in appellant’s brief filed in the trial court.

Ground 1 complains of the overruling of appellant’s motion to quash the portion of the indictment alleging a prior conviction for robbery. The contention is that the conviction may have been for the offense of robbery with firearms, a capital offense, conviction for which was not available to enhance punishment under Art. 63 P.C.

The indictment alleged that the prior conviction was for “a felony less…