Thomas v. State

BUSSEY, Presiding Judge.

Alton M. Thomas was tried by a jury in the District Court of Hughes County and convicted for the offense of attempted robbery with firearms after former conviction of felonies, and appeals.

It is first contended by plaintiff in error that the trial court erred in instructing the jury that:

“If you find, beyond a reasonable doubt, that the defendant is guilty, as charged, of attempted burglary with a firearm, and also has, been convicted of a felony, or felonies, you shall assess his punishment by imprisonment in the State Penitentiary for a period of time not less than…