Gregory v. State

HAWKINS, Judge.

— Conviction is for robbery by the use of firearms, with a penalty of five years in the penitentiary.

There appear in the record twenty-four bills of exception. Many of them present the same legal question from different angles. It will not be necessary to discuss them separately.

The indictment charged a robbery of R. Hilgartner. The proof showed the injured party’s true name to be W. B. Hilgartner, but that he went by the name of Robert or Bob, and checks were generally made payable to him by those names. Article 456, C. C. P., reads:

“In alleging the name of the defendant, or…