
    Staples v. The State.
    Argued. November 18,
    Decided December 10, 1901.
    Indictment for robbery. Before Judge Butt. Harris superior court. July 13, 1901.
    
      J. R. Terrell and J. B. Burnside, for plaintiff in error.
    
      S. P. Gilbert, solicitor-general, contra.
   Fish, J.

1. Though an indictment for robbery need not charge that the property alleged to have been forcibly taken from the person of the victim, in fact, belonged to a third person, if it does so charge, it is essential that the State prove the case as laid.

2. Irrespective of other questions presented, a new trial should have been granted because of a fatal variance between the allegata and the probata.

Judgment reversed.

All the Justices concurring.  