Parrish v. State

Appellant was charged as an accomplice to robbery; penalty assessed at confinement in the penitentiary for fifteen years.

By appropriate procedure, appellant sought to have the jury determine whether his sentence should be suspended. In article 776, C. C. P., 1925, it is declared: "Where there is a conviction of any felony in any district or criminal district court of this state (except certain named offenses, including robbery) and the punishment assessed by the jury shall not exceed five years, the court shall suspend sentence upon written sworn application made therefor by the defendant,…