Smith v. State

KRUEGER, Judge.

Appellant was convicted of the offense of robbery, and his punishment was assessed at confinement in the state penitentiary for a term of five years.

Appellant’s first contention is that the court erred in overruling his motion to quash the indictment based on the ground that the pistol which was a part of the property taken in the commission of the alleged offense is not otherwise described than as a “pistol”; that the name, color, calibre, or number of the pistol is not stated in the indictment. A general description of the property by name, kind, quality, number, and…