Fuller v. State

CHRISTIAN, Judge.

The offense is robbery; the punishment, confinement in the penitentiary for five years.

It was uncontroverted that appellant and Cecil Dickerson took a check in the sum of $34.90 from E. E. Parker. This check had been issued to Parker by the Hughes Tool Company. At the time of the taking appellant and his companion exhibited a pistol. While Parker’s hands were up one of the parties took the check out of his pocket. They thereafter cashed the check and divided the proceeds.

Appellant made a motion to quash the indictment on the ground that the check was not sufficiently…