Decoux v. State

1989 WL 38358 (1989)

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Decoux v. State

Texas Court of Appeals
1989 WL 38358 (1989)

KL

Facts

Billy Decoux (defendant) went to a shoe-repair shop and asked the 80-year-old owner if he could use the phone. Decoux told the shop owner he was related to the owner of a pool hall down the street, so the shop owner let him enter. After Decoux used the phone, the shop owner let Decoux stay in the shop watching television. The shop owner eventually realized that Decoux was not related to the pool-hall owner and asked Decoux to leave. Decoux became angry and shouted at the shop owner to give him money, grabbed the shop owner, took some cash from his breast pocket, and hit him over the head with a baseball bat that had been laying nearby. A passerby stopped to help the shop owner, who was taken to the hospital and treated for his injuries. Decoux asked the trial court to quash the indictment, which alleged that he used a deadly weapon, specifically a baseball bat, while committing theft of the shop owner’s property. The indictment named the shop owner but did not identify the property Decoux stole. Decoux argued that the indictment was improper because it did not specify the property. The trial court denied Decoux’s motion, and a jury convicted him of aggravated robbery. He was sentenced to 50 years in prison and appealed.

Rule of Law

Issue

Holding and Reasoning (Cohen, J.)

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