Williams v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for aggravated robbery; the punishment, enhanced under the provisions of V.T.C.A., Penal Code, Section 12.42, is imprisonment for thirty years.

In the interest of justice under the provisions of Article 40.09, Section 13, Vernon’s Ann.C.C.P., we find that the indictment is fundamentally defective because it fails to allege an element of the offense. It fails to allege, as it must, that the appellant either (1) caused bodily injury to another, or (2) threatened or placed another in fear of imminent bodily injury or death. One or the…