[Download] "Matter A.B" by Second District, Fort Worth Court of Appeals of Texas ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Matter A.B
• Author : Second District, Fort Worth Court of Appeals of Texas
• Release Date : January 19, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

The juvenile court found A.B. had engaged in delinquent conduct by committing the offense of attempted robbery, see TEX. PENAL
CODE ANN. § 15.01 (Vernon Supp. 1994), § 29.02 (Vernon 1989) and TEX. FAM. CODE ANN. § 51.03 (Vernon Supp. 1994), and granted
him probation, not to exceed one year. A.B. appeals complaining: the State failed to identify him as the person who struck
Bushell and failed to prove he attempted theft while striking Bushell, the victim, with his hands; "attempted robbery" is
not an offense; and the elements of robbery were not pled. Because the evidence is sufficient to prove A.B. was a party to
the offense; because any variance between the pleading and the proof was not substantial, misleading, or prejudicial to A.B.'s
defense; because defendants have been convicted of "attempted robbery" in the State of Texas; and because the constituent
elements of the intended offense need not be alleged, we overrule A.B.'s points of error and affirm the judgment. In one proceeding, the trial court determined the delinquency of nine juveniles, including A.B. The State alleged A.B. was
one of nine boys who attacked and attempted to rob Colby Bushell, a pizza delivery man.

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