Winston v. State

Jenkins, Justice.

The defendant was indicted for the offense of robbery by open force and violence. The indictment charged also that he had been previously convicted and sentenced to the penitentiary for a felony. He filed a demurrer and motion to quash the indictment on the ground that the allegations as to the former conviction were irrelevant and prejudicial; and excepted to the overruling of this pleading. The jury found the defendant “guilty of robbery by force,” and the court imposed the death penalty. The defendant excepted to the overruling of his motion for new trial on general and…