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HAWKINS v. STATE

No. 57662.

579 S.W.2d 923 (1979)

John L. HAWKINS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

March 14, 1979.

Attorney(s) appearing for the Case

Douglas R. Bergen, Waco, for appellant.

Felipe Reyna, Dist. Atty. and Karen Cable, Asst. Dist. Atty., Waco, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and PHILLIPS and TOM G. DAVIS, JJ.

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for aggravated robbery. The punishment was assessed at life imprisonment.

At the outset we note fundamental error which we shall review in the interest of justice. See Article 40.09(13), V.A.C.C.P. The indictment of the appellant in the instant cause reads in pertinent part as follows:

... John L. Hawkins ..., on or about the 17th day of January A.D. 1976, and before the presentment...

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