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Cooks v. State

The trial court erred in overruling the defendant's general demurrer, as the robbery indictment failed to allege the necessary element that the defendant took the property of another.

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After a jury trial, Antonio Cooks was convicted of robbery. He appeals, claiming, among other things, that the trial court erred in overruling his general demurrer to the robbery indictment. Because the indictment is defective in that it does not allege the essential element of robbery that Cooks took the “property of another,” and he could admit all the allegations in the indictment and not be guilty of a crime, we reverse.

1. General demurrer.

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