Prophet v. State

Appellant was charged by amended affidavit in two counts — Count One charging him with inflicting physical injury in the commission of robbery; Count Two charging robbery under Acts 1941, ch. 148, §6, p. 447, being §10-4101, Burns’ 1956 Replacement; and as being an habitual criminal under Acts 1907, ch. 82, p. 109, being §§9-2207-8, Burns’ 1956 Replacement; tried by jury and found guilty on both counts of the affidavit, and sentenced accordingly. He was then also sentenced to the Indiana State Prison for life as an habitual criminal.

Since the overruling of the motion for a new trial is the…