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Carrillo v. State

Court of Criminal Appeals of Texas
Jun 30, 1962
358 S.W.2d 635 (Tex. Crim. App. 1962)

Opinion

No. 34662.

June 30, 1962.

Appeal from the 79th Judicial District Court, Jim Wells County, C.W. Laughlin, J.

No Attorney on Appeal, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


Appellant was convicted of the offense of theft from the person, upon his plea of guilty to an indictment charging the offense of robbery by assault, and his punishment assessed at confinement in the penitentiary for two years.

The state confesses error and concedes that the conviction for theft from the person cannot be sustained under the indictment for robbery by assault, since it is not an included offense.

The state's position is well taken, under the holding of this court in Van Arsdale


Summaries of

Carrillo v. State

Court of Criminal Appeals of Texas
Jun 30, 1962
358 S.W.2d 635 (Tex. Crim. App. 1962)
Case details for

Carrillo v. State

Case Details

Full title:Benito CARRILLO, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Jun 30, 1962

Citations

358 S.W.2d 635 (Tex. Crim. App. 1962)
172 Tex. Crim. 489

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