ALLEN v. STATE

No. 54204.

549 S.W.2d 5 (1977)

Larry Lee ALLEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 6, 1977.


Attorney(s) appearing for the Case

Roy E. Jerue, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis M. Bell, Tyler Moore, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for operating a motor vehicle without the consent of the owner. Trial was before the court upon a plea of guilty and punishment was assessed at eight years.

In his sole ground of error, appellant contends that the indictment was defective for failure to aver all of the elements of the offense.

The pertinent portion of the indictment avers that appellant on or about February 26...

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