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BOUIE v. STATE

No. 50305.

528 S.W.2d 587 (1975)

John Elson BOUIE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 22, 1975.

Second Rehearing Denied November 12, 1975.

Attorney(s) appearing for the Case

Carol S. Vance, Dist. Atty. and Clyde F. DeWitt, III, and Phyllis Bell, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

No appearance for appellant.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery by assault under our former code. The court assessed punishment at ten years' confinement.

We are confronted at the outset with a fundamentally defective indictment. As in Lucero v. State, 502 S.W.2d 128 (Tex.Cr. App.1973) (case 1), the indictment here fails to allege "to whom the property allegedly taken belonged." See Lucero, supra...

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