Angus v. State

Christian, Judge.

The indictment under which appellant was tried charged the offense of robbery by assault, and contained an averment that he had been previously convicted in the State of Massachusetts of the offense of robbery. Because of repetition of offenses, the penalty assessed was confinement in the penitentiary for life.

Appellant introduced no witnesses and failed to take the stand in his own behalf. The only proof offered in support of the averment in the indictment that appellant had been previously convicted in Massachusetts was a judgment naming Joseph Angus as the convict. The…