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Wilson v. State

Court of Criminal Appeals of Texas
Nov 8, 1961
171 Tex. Crim. 391 (Tex. Crim. App. 1961)

Opinion

No. 33773.

November 8, 1961.

Appeal from the 109th Judicial District Court, Winkler County, G. C. Olsen, J.

Leon B. Douglas, State's Atty., Austin, for the State.


The offense is robbery with firearms; the punishment, 20 years.

In view of our disposition of this case, a recitation of the facts will not be deemed necessary.

The indictment is fundamentally defective in that nowhere therein is there a description of the property taken other than 'corporeal personal property.' Without a further description, the accused was not put on notice as to what he was alleged to have taken by force. Oakley v. State, 167 Tex.Crim. R., 323 S.W.2d 43, and the cases there cited, calls for reversal of the conviction and a dismissal of the prosecution under the present indictment. See also Holland v. State, 110 Tex.Crim. R., 10 S.W.2d 561, and 33 Tex.Dig. k17(3).

It is so ordered.


Summaries of

Wilson v. State

Court of Criminal Appeals of Texas
Nov 8, 1961
171 Tex. Crim. 391 (Tex. Crim. App. 1961)
Case details for

Wilson v. State

Case Details

Full title:Randolph WILSON, Appellant. v. STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Nov 8, 1961

Citations

171 Tex. Crim. 391 (Tex. Crim. App. 1961)
171 Tex. Crim. 391

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