Davis v. State

WOODLEY, Judge.

The indictment charged the offense of robbery of R. C. Craig by assault and violence, and in a separate count alleged the burglary with intent to commit theft of a house belonging to R. C. Craig.. Both counts contained further allegations of two prior convictions of felonies less than capital successively committed in New Mexico, in May 1954 for grand larceny, and in November 1955 for breaking and entering in the nighttime with intent to commit larceny.

' Both counts were submitted to the jury with instructions not to consider the burglary count if the defendant was found guilty…