Hurley v. State

OPINION

KEITH, Commissioner.

Defendant was indicted for robbery of Jose Martinez while exhibiting a pistol. The cause was consolidated with a case against one D. M. Jones which charged the same offense against Martinez at the same time and place. Both defendants pleaded not guilty and sought probation from the jury. The jury found both to be guilty of robbery by assault and assessed the punishment of Jones at six years, probated, and that of appellant at five years, also probated. Both defendants were represented at the trial by the same retained counsel. 1

The sole ground of error is that…