Oates v. State

BROOKS, Judge.

Appellant was convicted for murder in the first degree, and his punishment assessed at death.

This is the third appeal of this case, the former appeals being reported in 12 Texas Ct. Rep., 921, and 16 Texas Ct. Rep., 493.

Appellant’s first bill of exceptions is to the refusal of the court to quash the indictment. There are two counts in same, one charging murder by express malice, and the other in the perpetration of rob-. bery. The case was submitted to the jury upon the second count. Appellant’s objection is that it does not charge who was robbed, or how or what he was being…