Lay and Jones v. State

ON REHEARING.

November 21-, 1917.

PRENDERGAST, Judge.

Appellants made no motion in the lower court to quash the indictment on any ground, and they made no motion in arrest of judgment because of any claimed defect in the indictment; but they now claim that as the indictment charged robbery by assault and by the use of a firearm in one count it is, therefore, duplicitous and fatally defective, and that this court should pass upon its validity.

The statute prescribing the offense of robbery is as follows: “If any person by assault or violence or by putting in fear of life or bodily injury shall…