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Flores v. State

Court of Criminal Appeals of Texas
Jan 17, 1951
235 S.W.2d 653 (Tex. Crim. App. 1951)

Opinion

No. 25068.

January 17, 1951.

Appeal from the District Court of Kinney County, Ross E. Doughty, J.

No attorney on appeal for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.


Appellant was indicted for robbery by assault and was by the jury convicted of an aggravated assault and given a penalty of a $1,000.00 fine and confinement in the county jail for two years.

This indictment merely charges a simple assault and a robbery thereby. It contains none of the elements of an aggravated assault.

Under the case of Foreman v. State, Tex.Cr.App., 57 S.W. 843, on motion for a rehearing, it was held that a charge of robbery by assault with no allegations relative to the use of a deadly weapon, nor further description of the assault, such indictment did not include the elements of an aggravated assault. See Munson v. State, 21 Tex. App. 329[ 21 Tex.Crim. 329], 17 S.W. 251; Huntsman v. State, 12 Tex. App. 619[ 12 Tex.Crim. 619]. This matter was fully discussed in the recent case of Tomlin v. State, Tex.Cr.App., 233 S.W.2d 303.

Upon the authority of that case, the judgment in the present instance will be reversed and the cause remanded.


Summaries of

Flores v. State

Court of Criminal Appeals of Texas
Jan 17, 1951
235 S.W.2d 653 (Tex. Crim. App. 1951)
Case details for

Flores v. State

Case Details

Full title:FLORES v. STATE

Court:Court of Criminal Appeals of Texas

Date published: Jan 17, 1951

Citations

235 S.W.2d 653 (Tex. Crim. App. 1951)
155 Tex. Crim. 391