Biggerstaff v. State

Appellant was indicted and convicted under' article 1409' of the Penal Code for the unlawful acquisition of property by threats.

Motion in arrest of judgment was presented and overruled questioning the sufficiency of the indictment, it being claimed, in substance, that since the indictment alleged a threat to kill ope P. P. Robertson, followed by an allegation that Robertson only believed that appellant would inflict serious bodily injury upon him, a variance and contradiction results, since Robertson should have believed that appellant intended to kill him. After alleging that the appellant…