Robertson v. State

HAWKINS, Judge.

— Conviction is for burglary with punishment assessed, at two years’ confinement in the penitentiary.

Appellant filed an affidavit that he was under seventeen years of age. This issue was set down for hearing by the trial judge and determined against appellant, after which he was placed on trial upon the merits of the case. Appellant raises the question that he was deprived of his constitutional right of trial by jury, contending that he was entitled to a jury to determine the issue of his age as a preliminary matter, or that the issue should have been submitted to the jury…