Moore v. State

WOODLEY, Judge.

Appellant was charged by indictment jointly with others for the offense of robbery with firearms. Severance was ordered and, upon trial, appellant was adjudged to be guilty of robbery *518with firearms and his punishment was assessed by the jury at 15 years in the penitentiary.

When the case was called for trial appellant objected to the selection of a jury from the regular panel drawn for the week and demanded a special venire. Thereupon the district attorney stated that the state was going to waive the death penalty, and the court made the following ruling.

“Well, in the first…