Breeden v. State

OPINION

BELCHER, Judge.

The conviction is for murder; the punishment, ninety-nine years.

Trial was had before a jury on a one stage trial and the appellant filed his application for probation.

It is contended that the trial court erred in failing to quash the indictment in that it alleges two separate and distinct offenses, that is, murder with malice . in the first count, and in the second count robbery with firearms, on the ground that it is contrary to the provisions of Art. 21.24, Vernon’s Ann.C.C.P., which reads:

“An indictment, information or complaint may contain as many counts charging the…