Wiggington v. State

DAVIDSON, Judge.

This is a conviction for robbery by assault; the punishment, confinement in the penitentiary for fifteen years.

The indictment contained two counts: The first charged robbery by assault while using and exhibiting a firearm, to-wit: a gun; the second charged robbery by assault while exhibiting a sub-machine gun. The second count was abandoned by the state. Upon motion of the state, the allegation in the first count as to the use .of a gun was dismissed and abandoned. As thus *576changed, the case proceeded to trial under the first count, as an ordinary felony.

Appellant excepted to…