
    FLEMING v. STATE.
    (No. 9724.)
    (Court of Criminal Appeals of Texas.
    Dec. 23, 1925.)
    Infants <&wkey;16 — Information charging delinquency held insufficient.
    Information for delinquency charging commission of burglary, theft, and robbery, held insufficient, because not containing sufficient aver-ments to support charges of felonies named.
    Appeal from Delta County Court; Chas. D. Berry, Judge.
    Kermit Eleming was convicted of delinquency, and he appeals.
    Reversed, and appeal ordered dismissed.
    C. C. McKinney, of Cooper, for appellant.
    Sam D. Stinson, State’s Atty., of Austin, and Nat Gentry, Jr., Asst. State’s Atty., of Tyler, for the State.
   MORROW, P. J.

Conviction is for the offense of delinquency; punishment fixed at confinement in the State Training School for Negro Boys for a term of two years.

The charging part of the information is as follows:

“ * * * With force and arms did unlawfully hereto commit offenses enumerated herein such as to constitute said Kermit Eleming a delinquent child. Said offenses complained of are as follows: Did on or about 3d day of March, 1925, commit the offense of burglary, by breaking into the hardware store of J. E. Hens-lee in Cooper, Delta County, Tex. Did on or about the 3d day of March, 1925, commit the offense of theft over $50 by taking from the possession of J. E. Henslee, without the consent of said J. E. Henslee, pistols of more than the value of $50. Did on or about 6th of March, 1925, commit the offense of robbery with firearms, by forcing one Alvin Taylor, by threats of life, to deliver to him certain money to the amount of $3, contrary to the form and statute in such cases made and provided, and against the peace and dignity of the state.”

Upon the trial and upon this appeal the information is .attacked as too general. We have been favored with no brief. It is believed, however, that the motion to quash should have been sustained. Guerrero v. State, 87 Tex. Cr. R. 260, 220 S. W. 1095; Ex parte Roach, 87 Tex. Cr. R. 370, 221 S. W. 975. In none of the subdivisions of the information are there contained averments sufficient to charge the felony named therein.

For this reason, the judgment is reversed, and the appeal ordered dismissed.  