Cooper v. State

Under our statute, prior to the’enactment of Chapter 72, Public Acts of 1955, if a robbery be committed the punishment was confinement in the penitentiary for an indeterminate period of not more than twenty-five years. Section 39-3901, T.C.A. By Chapter 72 of the Public Acts of 1955 this statute was amended so as to provide punishment by death or an absolute and much longer period of confinement, within the jury’s discretion, “if the robbery be accomplished by the use of a deadly weapon”. Section 39-3901, T.C.A. 1955 Supplement.

Cooper accomplished the robbery of Mrs. Arwood at her store’by…