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SMITH v. STATE

No. 09-85-230 CR.

712 S.W.2d 270 (1986)

J.W. SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

June 25, 1986.

Attorney(s) appearing for the Case

Jerry D. Conner, Houston, for appellant.

Lynn Martin, Conroe, for appellee.

OPINION

BURGESS, Justice.

Appellant was indicted on two counts of Aggravated Robbery with an enhancement count. A jury found him guilty of both counts, and after finding the enhancement count "true", assessed punishment at thirty years confinement in the Texas Department of Corrections. Appellant brings a single ground of error.

Appellant alleges the indictment is fundamentally defective for failing to allege the necessary element of "intentionally...

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