White v. State

Full title: Curtis WHITE, Jr., Appellant, v. The STATE of Texas, Appellee

Court: Court of Criminal Appeals of Texas

Date published: Nov 23, 1977

558 S.W.2d 19 (Tex. Crim. App. 1977)

Opinion

No. 56853.

November 23, 1977.

Appeal from the 178th Judicial District Court, Harris County, Stanley Kirk, Special Judge.

Larry E. Meyer, Houston, on appeal only, for appellant.

Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for robbery by assault as denounced by Art. 1408, Vernon's Ann.P.C. (1925). The trial was before the court on a plea of guilty. The punishment is imprisonment for five (5) years.

An examination of the felony information filed in this case reveals that it is fundamentally defective for failure to allege the ownership of the property taken. Lucero v. State, 502 S.W.2d 128 (Tex.Cr.App. 1974); Bouie v. State, 528 S.W.2d 587 (Tex.Cr.App. 1975); French v. State, 531 S.W.2d 613 (Tex.Cr.App. 1975); Arline v. State, 529 S.W.2d 73 (Tex.Cr.App. 1975); Ainsworth v. State, 531 S.W.2d 613 (Tex.Cr.App. 1975); Batro v. State, 531 S.W.2d 614 (Tex.Cr.App. 1975); Page v. State, 532 S.W.2d 341 (Tex.Cr.App. 1976); Pittman v. State, 532 S.W.2d 97 (Tex.Cr.App. 1976).

The judgment is reversed and prosecution under the instant information is ordered dismissed.