LUFFRED v. STATE

No. B14-81-323CR.

642 S.W.2d 242 (1982)

Peter LUFFRED, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

July 22, 1982.


Attorney(s) appearing for the Case

Ken Mclean, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Houston, for appellee.

Before PAUL PRESSLER, MURPHY and ROBERTSON, JJ.


MURPHY, Justice.

Appellant brings two appeals. In Cause No. 301,361, appellant appeals his jury conviction for aggravated robbery over his plea of not guilty. The court assessed punishment at 99 years confinement. Appellant contends the jury charge was fundamentally defective on two counts: (1) failure to allege that the assault occurred "while in the course of committing theft"; and (2) failure to instruct the jury on the culpable mental state comprising an essential...

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