Cagle v. State

HAWKINS, Presiding Judge.

Upon a purported finding by the jury that appellant was guilty of robbery by assault, and that he had theretofofe been convicted of similar felonies, the court sentenced him to imprisonment in the penitentiary for life.

Appellant contends that the verdict does not contain a finding of guilt upon the primary offense charged.

Only the second count of the indictment was submitted to the jury. This count was divided into paragraphs (referred to by the court in his charge as “sections”). The first paragraph charged that appellant on April 30, 1943, by assault and violence…