Opinion

Ex Parte Ranels

  • 155 Tex. Crim. 560
  • 237 S.W.2d 317
  • 1951 Tex. Crim. App. LEXIS 1794
Court
Court of Criminal Appeals of Texas
Filed
Jan 24, 1951
Status
Published
Author
Morrison
On the bench
Woodley, Morrison
Cited by
5 cases
Authority
More cited than 10.7%

The opinion

ON MOTION FOR REHEARING.

MORRISON, Judge.

Relator complains that the indictment is insufficient to charge more than one prior conviction for a felony less than capital which was available for the purpose of enhancement of punishment.

The primary charge in the indictment was for the offense of robbery which offense, in the absence of an allegation that firearms were used, carries a maximum punishment of confinement in the penitentiary for life.

A conviction for burglary was then alleged prior to the commission of said offense of robbery.

Robbery and burglary with intent to commit theft are offenses of the same nature. See Farris v. State, 155 Tex. Cr. R. 261 , 233 S.W. 2d 856 .

The indictment therefore was sufficient without further allegations to sustain a conviction and a life term under Art. 62, P.C.

Relator’s motion for rehearing is overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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