Biggerstaff v. State

MARTIN, Judge.

Appellant was indicted and convicted under Art. 1409 of the Penal Code for the unlawful acquisition of property by threats, penalty five years in the penitentiary.

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 one P. P. Robertson, followed by an allegation that Robertson only believed that appellant would inflict serious bodily injury upon him, that a variance and contradiction results, since Robertson should have believed that appellant…