Nance v. State

WEIER, Judge.

On May 3, 1972, the movant, William Nance, was convicted by a jury of assault with intent to kill with malice aforethought. Based on evidence presented by the State that an Eddie James Nance had previously pled guilty to a charge of first degree robbery and that the fingerprints of the man arrested for that charge and calling himself Eddie James Nance were identical to those of William Nance, the trial court found that the appellant had been convicted in 1965 of first degree robbery and so sentenced him under the Second Offender Act to 40 years imprisonment for the assault…