Chancey v. State

RAMSEY, Judge.

This is an appeal from a conviction for robbery. The indictment charges robbery by assault and violence and follows the language of the statute, article 856, White’s Annotated Penal Code. Appellant made a motion in the court below to quash the indictment because it omitted to charge that the property was taken against the will of said Harris. It is true that the form of indictment for robbery by assault as laid down in section 1494, White’s Penal Code, uses the term against the will of the party robbed. However, we are of opinion that this allegation is unnecessary. The language…