O'leary, Alias, Martin v. State

HAWKINS, Judge.

— Conviction is for robbery, punishment being 99 years in the penitentiary.

Appellant was indicted under the name of Albert Martin, but suggested in open court that his true name was Frank O’Leary, whereupon the indictment was amended to conform to the suggestion. Art. 496, C. C. P.

One night in February, 1928, a man entered a drug store operated by J. E. Bentley in the city of Dallas and by the use of two pistols robbed Bentley of more than one hundred dollars. Upon the trial Appellant was positively identified by a number of people as the robber.

Appellant filed an application…