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JONES v. STATE

No. 51748

535 S.W.2d 184 (1976)

Roy Cleaver JONES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 7, 1976.

Attorney(s) appearing for the Case

Don W. Rogers, Jr., Houston (Court appointed on appeal), for appellant.

Carol S. Vance, Dist. Atty., James C. Brough, Asst. Dist. Atty., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of robbery by assault in violation of our former Penal Code; the robbery was committed on April 24, 1973; punishment was assessed by the court at imprisonment for 25 years.

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 one), the indictment...

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