SIMMONS v. STATE

No. 09 84 114 CR.

690 S.W.2d 26 (1985)

Thomas Ellis SIMMONS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied March 6, 1985.


Attorney(s) appearing for the Case

James A. Clark, Woodville, Tex., for appellant.

Patrick O. Hardy, County Atty., Woodville, for appellee.


OPINION

DIES, Chief Justice.

This is an appeal from a conviction for the offense of unlawful use of a criminal instrument. The jury assessed punishment, enhanced by two prior felony convictions, at confinement for 50 years.

Appellant, by his first ground of error, contends the court erred in overruling his two motions to quash the indictment. The indictment, omitting the formal parts, alleges:

[D]id then and there adapt a criminal instrument...

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