Robertson v. State

OPINION

DICE, Judge.

The offense is robbery by assault, with a prior conviction for assault with intent to murder, alleged for enhancement. Upon a bifurcated trial, the punishment was assessed by the trial judge at life imprisonment, under the provisions of Art. 62, P.C.

Appellant’s sole ground of error is that the court erred in failing to quash the indictment for the reason that enhancement of the punishment was unauthorized under Art. 62, supra, because robbery by assault and assault with intent to murder are not offenses of like character as contemplated by the statute.

Art. 62, supra, reads:

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