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SATTIEWHITE v. STATE

No. 57823.

600 S.W.2d 277 (1979)

Rollie Dean SATTIEWHITE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

On Rehearing May 7, 1980.

Rehearing Denied July 9, 1980.

Attorney(s) appearing for the Case

C. N. Rothe, San Antonio (court-appointed), for appellant.

Bill M. White, Dist. Atty., Sharon S. Macrae, James W. Blagg, and H. Wayne Campbell, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Alfred Walker, Asst. State's Atty., Austin, for the State.

Before ODOM, PHILLIPS and W. C. DAVIS, JJ.

OPINION

PHILLIPS, Judge.

Appeal is taken from a conviction for aggravated robbery. Punishment, enhanced by a prior conviction, was assessed by the court at imprisonment for 25 years.

Appellant contends, among other things, that the court's charge applying the law to the facts is fundamentally defective. We are constrained to agree.

The indictment in this case alleges that appellant

. . . did then and there intentionally and knowingly...

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