Simmons v. State

The defendant was convicted of the crimes of robbery and assault with intent to commit murder in the first degree by the trial court.

The defendant was charged by information with robbery and assault with intent to commit murder in the first degree. He pleaded not guilty and waived jury trial. The trial judge found the defendant guilty on both counts and sentenced him to terms of twenty and ten years in the State penitentiary, to run concurrently. Defendant’s motion for new trial was denied and this appeal followed.

Appellant seeks reversal of his conviction on the ground that the state failed…