Bibbs v. State

Plaintiff in error and Ernest Lindsey were jointly charged in an indictment of three counts. (1) With a conspiracy to rob the Medina Banking’ Company, (2) as accessory before the fact to the robbery, and (3) as accessory after the fact. They were arraigned upon the indictment and at the first trial in May, 1930, the jury could not agree, and a mistrial was entered.

When they were again put to trial in June, 1930, Lindsey withdrew his plea of not guilty, entered a plea of guilty of the felonious attempt to commit a felony, and his punishment was assessed at imprisonment for one year in the…