State v. Pennye

LOCKWOOD, Justice:

Defendant was charged by information with assault with a deadly weapon. The information included an allegation that the defendant had a prior conviction in the State of Texas of the offense of “murder without malice.” The defendant pleaded not guilty to the crime charged and to the fact of the prior conviction.

The jury found the defendant guilty of assault with a deadly weapon. Following the trial of that issue, the jury found that he had also been convicted of the prior offense alleged in the information. The judge sentenced the defendant to not less fhan ten nor more than…