Smelcher v. State

HARWOOD, Judge.

The defendant below was tried on an indictment containing three counts, the first two counts charged defendant with the murder in the first degree of Arthur Parker, and the third count charged him with robbery of the same person. All counts are substantially in code form. A jury found the defendant guilty of robbery and fixed his punishment at imprisonment in the state penitentiary for a term of 10 years.

This appeal is on only the record proper.

In the proceedings below the defendant filed demurrers to the indictment grounding same on the allegations that there was a misjoinder…