Posey v. State

BEAUCHAMP, Judge.

The appellant was convicted upon indictment alleging robbery with firearms and under the further charge that he had been previously convicted in the District Court of Wise County of an offense of which the penalty of death was affixed as an alternate punishment, to-wit, “the offense of robbery” and that said conviction was final. He plead not guilty and testifying in his own behalf set up the defense of alibi, which was duly submitted to the jury. The penalty of life imprisonment was assessed.

There can be no contention that the evidence is insufficient to support the…