McKinley v. State

On January 23, 1968, appellant was charged by an affidavit in two counts. Count I charged the appellant with the crime of Commission of a Felony While Armed, and Count II the crime of Auto Banditry. To these charges the appellant entered a plea of not guilty.

*189The appellant waived his right to trial by jury, and the cause was tried by the court on February 16, 1968. The court found appellant guilty of Commission of a Robbery While Armed, as charged in Count I of the affidavit, but sustained the appellant’s motion for discharge as to Count II of the affidavit. Judgment was pronounced on March 8,…