Rice v. State

Ms. Justice DeHaven

delivered the- opinion of the Court.

This case was before the court at the September term, 1933, at Knoxville, and was reversed and remanded with directions. 166 Tenn., 571, 64 S. W. (2d), 19, 21. Plaintiffs in error had been- convicted under the second count of- the indictment, charging bank robbery, based on section 10804 of the Code, and given a maximum sentence of forty years in the state penitentiary. They were acquitted under the first count of the indictment, charging housebreaking. Section 10804 of the Code is as follows:

“It shall be unlawful for any person to…