BEAUCHAMP, Judge.
The appeal is from a conviction for robbery with a sentence of five years in the penitentiary.
The sole question presented in this appeal for our consideration is the sufficiency of the indictment. As returned by the grand jury it contains three counts. The state elected to prosecute under the third count which alleges the fraudulent taking of an automobile in the following language: "* * * in and upon Frank Scott did make an assault and...
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