Page v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery by assault under our former code. Punishment was assessed by the jury at twenty-five years.

In Lucero v. State, 502 S.W.2d 128 (Tex.Cr.App.1973) (case 1), and Bouie v. State, 528 S.W.2d 587 (Tex.Cr.App.1975), we held, in accord with well-established authority, that a robbery indictment which failed to allege to whom the property allegedly taken belonged was fundamentally defective.

The indictment in this case, like the ones in Lucero and Bouie, fails to allege such ownership in any individual and thus fails to show that the…