Evans v. State

Krueger, Judge.

Conviction is for robbery by assault; punishment is assessed at confinement in the penitentiary for a term of five years.

By bill of exception number one, appellant complains of the action of the court in granting the State’s motion for leave to substitute a substantial copy of the original indictment which had either been lost or misplaced and could not be found after diligent search. Appellant contends that it was not a substantial copy, in that the original indictment charged him with robbery by assault and the purported copy charged him with robbery by assault and robbery by…