OPINION
TOM G. DAVIS, Judge.Appeal is taken from a conviction of aggravated robbery. The jury found appellant to be guilty. Punishment was enhanced by a prior robbery conviction and set by the jury at life in prison. Appellant contends that the trial court erred by failing to charge the jury on the requisite culpable mental state for the offense of aggravated robbery.
Appellant was charged by indictment which stated:
“Count Three: And it is further presented in and to said court that the said Dwight Porter, in the County of Tarrant and State aforesaid, on or about the 31st day of May, 1977, did then and there unlawfully, intentionally and knowingly while in the course of committing theft and with intent to obtain and maintain control of property of the owner, Billy Fred Lanford, to-wit: one firearm, without the effective consent of Billy Fred Lanford and with intent to deprive Billy Fred Lanford of said property , did then and there intentionally and knowingly cause serious bodily injury to Billy Fred Lanford by striking him on the head with a wrench;” [Emphasis added.]
The court’s charge to the jury at the guilt and innocence phase wherein it applied the law to the facts of the case recites:
“Now, if you find from the evidence beyond a reasonable doubt that in Tarrant County, Texas, on or about the 31st day of May, 1977, the defendant did then and there while in the course of committing theft and with intent to obtain or maintain control of property of Billy Fred Lanford, to-wit, one firearm, without the effective consent of the said Billy Fred Lanford, and with the intent to deprive the said Billy Fred Lanford of said property, .did then and there cause serious bodily injury to Billy Fred Lanford by striking him on the head with a wrench then you will find the defendant guilty of the offense of aggravated robbery. “Unless you so find from the evidence beyond a reasonable doubt, or if you have a reasonable doubt thereof, you will find the defendant not guilty.”
The charge failed to include the required culpable mental state of “knowingly” or “intentionally.” Such an omission is fatal. V.T.C.A. Penal Code, Secs. 29.02 and 29.03. See, Mendoza v. State, 577 S.W.2d 240 (Tex.Cr.App.); Holloway v. State, 583 S.W.2d 376 (Tex.Cr.App.); West v. State, 567 S.W.2d 515 (Tex.Cr.App.); Thompson v. State, 574 S.W.2d 103 (Tex.Cr.App.); Ely v. State, 582 S.W.2d 416 (Tex.Cr.App.); West v. State, 572 S.W.2d 712 (Tex.Cr.App.); Windham v. State, 530 S.W.2d 111 (Tex.Cr.App.). See also Williams v. State, 547 S.W.2d 18 (Tex.Cr.App.).
The judgment is reversed and the cause remanded.
Before the court en banc.