Ex Parte Luddington

OPINION

DALLY, Judge.

This is a post conviction writ of habeas corpus. The petitioner asserts that his conviction for robbery is void because it fails to allege he had the intent to appropriate the property allegedly stolen. The conviction was under the former penal code, Art. 1408, V.A.P.C. (1925). The indictment in pertinent part follows:

“Clemisson J. Luddington on or about the 16th day of September A.D. One Thousand Nine Hundred and Seventy-Three, and anterior to the presentment of this indictment in the County of Galveston and State of Texas, did then and there unlawfully in and upon James…