Holland v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

The conviction is for robbery, and in such case there need be no averments of the value of the property taken. Winston v. State, 9 Texas App., 143; Kelley v. State, 34 Texas Grim. Rep., 413, 31 S. W., 174. It was alleged in the instant case that the check taken from the injured party was of a named value.- There would have been no necessity to prove value except for the fact of such allegation, which might make proper proof of the value as part of the descriptive averment.

The complaint at the reception of testimony of the witness whose name was signed…