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McCLAIN v. STATE

No. 41437.

432 S.W.2d 73 (1968)

Charles Edward McCLAIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 16, 1968.

Attorney(s) appearing for the Case

Emmett Colvin, Jr. (On Appeal Only), Charles E. Tobin, Dallas, for appellant.

Henry Wade, Dist. Atty., Scott Bradley, Kenneth Blassingame, Malcolm Dade and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

The conviction is for robbery; the punishment, life.

This is a companion case to Palmer v. State, 423 S.W.2d 323.

Grounds of error Nos. 1 and 2 are:

"The indictment is fundamentally defective in that it alleges the property which was the subject of the robbery to be that of appellant jointly with others, including the alleged victim. "The evidence is insufficient...

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