Emerson v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery. Trial was before a jury, with punishment assessed by the jury at imprisonment for life, a prior conviction having been alleged in the indictment for enhancement purposes.

Appellant asserts four grounds of error in his brief. In his first ground of error, he contends that Article 62, Vernon’s Ann.P.C. is unconstitutional. He enumerates four reasons why he considers the statute to be unconstitutional. We shall consider each reason separately.

First, appellant contends that since the statute prescribes a fixed penalty, upon a…