Woods v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

The first count of the indictment alleged robbery by the use of firearms. Appellant entered his plea of guilty before a jury, and was convicted under said first count, and his punishment assessed at 20 years’ confinement in the penitentiary.

The original opinion dated March 10, 1948, was predicated on the theory that the State had abandoned the capital feature of the indictment by dismissing that part alleging that the robbery was accomplished by the use of firearms. In appellant’s motion for rehearing our attention is directed to recitals in…