Ex Parte Abbey

OPINION

ROBERTS, Judge.

This is a post-conviction habeas corpus application. See Art. 11.07, Vernon’s Ann. C.C.P. Petitioner contends that the information in this case is fundamentally defective. 1 The trial court agrees with this contention and recommends that relief be granted on this basis. We hold that the information fails to allege a necessary element of the offense charged and is therefore fundamentally defective. Accordingly, we grant the requested relief.

Omitting the formal parts, the information reads as follows:

“. . . on or about the 11th day of September, 1977, Frank G. Abbey, Jr.,…