[Download] "Gregorio Granado v. State" by The Texas Court of Criminal Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Gregorio Granado v. State
- Author : The Texas Court of Criminal Appeals
- Release Date : January 04, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
It has now been called to our attention that the indictment before us fails to allege that the offense set forth in paragraph 4 was a like offense or one of the same nature as the primary offense charged. This court has repeatedly held that such is an essential allegation in order to sustain a conviction under Article 62, V.A.C.C.P. The omitted allegation is one of substance, and its omission is fatal. See Lewis v. State, 153 Tex. Crim. 42, 217 S.W.2d 411; Gallagher v. State, 142 Tex. Crim. 133, 151 S.W.2d 819; Waltrip v. State, 134 Tex. Crim. 202, 114 S.W.2d 555; Belton v. State, 130 Tex. Crim. 7, 91 S.W.2d 728; Arnold v. State, 127 Tex. Crim. 89, 74 S.W.2d 997; Neece v. State, 62 Tex. Crim. 378, 137 S.W. 919; and Kinney v. State, 79 S.W. 572. See also Willsons Criminal Forms, 6th Ed., Sec. 2331, p. 480, and 12 Texas Juris., Sec. 405, p. 797;
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