Crouch v. State

MORROW, Judge.

The appellant appeals from a sentence of confinement in the penitentiary for five years for the offense of robbery. The indictment contains the following:

“Charles I. Crouch in and upon W. C. Carter did make an assault and did then and there by said assault and by violence and by putting the said W. C. Carter in fear of life and bodily injury and by then and there using and exhibiting a firearm, to-wit, a pistol. ’ ’

A reversal is sought on the ground that the indictment is duplicitous in that it charges in one count two felonies with different punishments. The statute denouncing…