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MARTINEZ v. STATE

No. 66968.

644 S.W.2d 486 (1983)

Raul C. MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

January 26, 1983.

Attorney(s) appearing for the Case

Hoyt Johnston, Billy H. Gragg, Palestine, for appellant.

Melvin D. Whitaker, Dist. Atty., Palestine, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the Court en banc.

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of aggravated robbery; the punishment is imprisonment for 75 years.

In a single ground of error the appellant asserts that, even though there were no motion to quash the indictment, it is fundamentally defective because it omits an essential element of the offense. It is alleged that the appellant:

"did then and there unlawfully while in the course of committing...

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