Smith v. State

Carley, Chief Judge.

Indicted as a recidivist, appellant was tried before a jury and found guilty of aggravated assault and armed robbery. He appeals from the judgments of conviction and sentences that were entered by the trial court on the jury’s verdicts of guilt.

1. Urging that the aggravated assault merged into the armed robbery as a matter of fact, appellant enumerates as error the entry of a separate judgment of conviction and sentence as to both offenses.

The evidence adduced at trial would authorize the following findings: Appellant, armed with a sawed-off shotgun, forced his way into…