Fairris v. State

McDonald, Judge.

Appellant was found guilty by a jury of the primary offense of robbery by assault. The indictment charged an habitual criminal, it being alleged that before the commission of the instant offense of robbery by assault, he had been convicted of the prior offenses of burglary and robbery by assault. In addition to finding appellant guilty of the instant or primary offense, the jury rejected appellant’s plea of not guilty and further found that he had previously been convicted of robbery by assault, an offense of like character and of the same nature. The punishment provided by…