33773 | Tex. Crim. App. | Nov 8, 1961
Randolph WILSON, Appellant,
v.
STATE of Texas, Appellee.
Court of Criminal Appeals of Texas.
*929 No attorney for appellant of record on appeal.
Leon B. Douglas, State's Atty., Austin, for the State.
MORRISON, Judge.
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. 630" court="Tex. Crim. App." date_filed="1959-01-21" href="https://app.midpage.ai/document/oakley-v-state-4903610?utm_source=webapp" opinion_id="4903610">167 Tex. Crim. 630, 323 S.W.2d 43" court="Tex. Crim. App." date_filed="1959-04-08" href="https://app.midpage.ai/document/oakley-v-state-2457774?utm_source=webapp" opinion_id="2457774">323 S.W.2d 43, and the cases there cited, calls for the reversal of the conviction and a dismissal of the prosecution under the present indictment. See also Holland v. State, 110 Tex. Crim. 384, 10 S.W.2d 561, and 33 Tex.Dig. 17(3).
It is so ordered.