Davis v. State

WOODLEY, Judge.

The indictment charged the offense of robbery of R. C. Craig-by assault and violence, and in a separate count alleged the burglary with intent to commit theft of a house belonging to R. C. Craig.

Both counts contained further allegations of two prior convictions of felonies less than capital successively committed in New Mexico,-in May 1954 for grand larceny, and in November 1955 for breaking and'entering in the nighttime with intent to commit larceny.

*525Both counts were submitted to the jury with instructions not to consider the burglary count if the defendant was found guilty of…