Perez v. State

MORROW, Presiding Judge.

— Conviction is for the offense of robbery; punishment fixed at confinement in the penitentiary for five years.

In the indictment it is charged: “ . . . did then and there by using and exhibiting a firearm, to-wit; a pistol, make an assault in and upon one, Jose Ramirez.”

A special venire was denied the appellant upon the announcement by the district attorney “that the State would abandon that part of the indictment which charged robbery with firearms and would not insist upon the death penalty, but would try the ease upon that phase of the indictment which charged…